Legal Opinion

In re the Estate of Tuck

New York Surrogate's Court

Decided October 6, 1937PublishedCited by 14 opinions

1Opinion of the Court

Foley, S.

In accordance with the request of counsel for the various parties, a preliminary determination is now made of a question of construction in this trustees’ accounting.

The testator died on September 2, 1904, a resident of New York county. His will was executed on May 28, 1903, and the codicil on January 11, 1904.

The seventh paragraph of the will creates a trust of the entire residuary estate and directs that two-fifths of the income be paid to the widow for life and that one-fifth of the income be paid to each of the testator’s children Shirley, Henry and Rosamond. This paragraph then…

2Cases cited3 opinions

  1. Williams v. . AltNew York Court of Appeals · 1919
  2. Jones's EstateSupreme Court of Pennsylvania · 1905
  3. Man v. ManAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by14 opinions

  1. In re the Accounting of SussdorffNew York Surrogate's Court · 1943
  2. In re the Estate of FriendNew York Surrogate's Court · 1938
  3. In re the Estate of NorthAppellate Division of the Supreme Court of the State of New York · 1969
  4. In re the Estate of TorrNew York Surrogate's Court · 1959
  5. In re the Estate of TuckNew York Surrogate's Court · 1937

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