Legal Opinion

In re the Judicial Settlement of the Account of Lummis

New York Surrogate's Court

Decided September 15, 1917PublishedCited by 25 opinions

Proceeding upon the judicial settlement of the account of executors and trustees.

1Opinion of the Court

Fowler, S.

The question arising upon the accounting involves the. determination whether or not three bequests to trustees, aggregating $140,000, are charged upon the real estate of which the testator died seized and possessed. The answer depends primarily on the terms of the will of William Lummis.

Paragraph tenth of the will provides for a trust fund of $50,000, to be held in trust during two lives. The income is given to the testator’s son William Maxwell Lummis, during his life, and upon his death *259to his children,. if any, and if none the trustees are directed to divide the. annual income…

2Cases cited19 opinions

  1. Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
  2. McCorn v. . McCornNew York Court of Appeals · 1885
  3. Morris v. . SicklyNew York Court of Appeals · 1892
  4. Brill v. . WrightNew York Court of Appeals · 1889
  5. Carley v. . HarperNew York Court of Appeals · 1916

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. In re the Estate of LilienthalNew York Surrogate's Court · 1930
  2. In re PetersenNew York Surrogate's Court · 1929
  3. Ellet v. McCordCourt of Appeals of Texas · 1931
  4. In re the Construction of the Last Will & Testament of MouldNew York Surrogate's Court · 1921
  5. In re the Judicial Settlement of the Estate of MillietteNew York Surrogate's Court · 1924

20 more not listed; retrieve them via the Exa API.

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