Legal Opinion

In re the Estate of Carrington

New York Surrogate's Court

Decided June 2, 1949PublishedCited by 16 opinions

1Opinion of the Court

Frankenthaler, S.

A legatee and an assignee of a portion of the legacy make this application for an order directing payment by the executor and trustee. The Alien Property Custodian vested the interest of the legatee by an order dated February 15, 1944. The assignment was executed by the legatee on April 1, 1949. The petitioners ask the court to rule that the vesting order is ineffectual for the reasons that: (1) the Alien Property Custodian erroneously determined that the legatee was a resident and national of Germany, a designated enemy country, when in fact the legatee was a stateless…

2Cases cited16 opinions

  1. Stoehr v. WallaceSupreme Court of the United States · 1921
  2. Commercial Trust Co. of NJ v. MillerSupreme Court of the United States · 1923
  3. Cummings v. Deutsche Bank Und DiscontogesellschaftSupreme Court of the United States · 1937
  4. Becker Steel Co. of America v. CummingsSupreme Court of the United States · 1935
  5. Silesian-American Corp. v. ClarkSupreme Court of the United States · 1947

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3Cited by16 opinions

  1. Brownell v. GebhardtCalifornia Court of Appeal · 1956
  2. Estate of SchneiderCalifornia Court of Appeal · 1956
  3. In re the Accounting of Brooklyn Trust Co.New York Surrogate's Court · 1955
  4. Herrmann v. RogersCourt of Appeals for the Ninth Circuit · 1958
  5. Kammholz v. AllenDistrict Court, S.D. New York · 1957

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