Legal Opinion

In re the Estate of Miller

New York Surrogate's Court

Decided March 20, 1975Published

1Opinion of the Court

Decision

Michael A. Telesca, S.

In this proceeding, the executors and trustees are seeldng a construction of the provisions of the will of George C. Miller, deceased, creating a trust for the benefit of his daughter during her lifetime, and resolution of a dispute regarding the disposition of surplus accumulated income.

The testator, George C. Miller, died on March 15, 1970 and was survived by his only child, Aynn V. Schuhart, and two grandchildren, Nancy Lee Rodee and Anne Dashley Schuhart. The will, inter alia, created a residuary trust naming testator’s daughter, Aynn Virginia Schuhart, the…

2Cases cited14 opinions

  1. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  2. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  3. In re Will of LarkinNew York Court of Appeals · 1961
  4. In re the Estate of DammannNew York Court of Appeals · 1963
  5. In re the Estate of ShupackNew York Surrogate's Court · 1936

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