Legal Opinion
Dickinson v. Bates
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2000PublishedCited by 4 opinions
1Opinion of the Court
Decree, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about September 7, 1999, which, in a proceeding to reform certain trust agreements, granted respondents’ motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, with costs.
The principal of the subject trusts is distributable to the issue of the settlor’s son surviving at the time of the son’s death, and, if there be no such issue, then to similar trusts benefitting the settlor’s other children and their issue. The word “issue” is defined to include only children “of the blood,”…
2Cases cited3 opinions
- In Re the Accounting of TamargoNew York Court of Appeals · 1917
- Union Trust Co. v. BoardmanAppellate Division of the Supreme Court of the State of New York · 1925
- Hemingway v. Hemingway FoundationAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- In re the Estate of YoungAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Trust under Agreement with RubinNew York Surrogate's Court · 2004
- Whitfield v. Board of Education of the City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Estate of PatrickNew York Surrogate's Court · 2001