Legal Opinion

In re the Estate of Maloney

New York Surrogate's Court

Decided March 15, 1923PublishedCited by 7 opinions

1Opinion of the Court

Foley, S.

A construction of the will is requested as to whether its provisions permit the investment of the trust funds in other than legal securities. The language provides that the moneys are “to be invested by my said trustees in accordance with their best judgment and discretion.” Decedent’s property had been managed for a number of years prior to her death by her brother, whom she names as one of the executors and trustees. His management *457apparently was satisfactory. Language similar to that used by the testatrix has been construed to permit trustees to invest trust funds in other than…

2Cases cited5 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. In Re the Judicial Settlement of the Accounts of HallNew York Court of Appeals · 1900
  3. In re the Accounting of McDowellNew York Surrogate's Court · 1918
  4. Lawton v. LawtonAppellate Division of the Supreme Court of the State of New York · 1898
  5. In Re the Accounting of McDowellNew York Court of Appeals · 1921

3Cited by7 opinions

  1. In re the Accounting of WindNew York Surrogate's Court · 1955
  2. In re the Estate of WilmerdingNew York Surrogate's Court · 1929
  3. In re the Construction of the Will of JeffressNew York Surrogate's Court · 1950
  4. In re the Estate of FlintNew York Surrogate's Court · 1933
  5. Guaranty Trust Co. v. LeachNew York Supreme Court · 1938

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