Legal Opinion
In re the Estate of Seidman
New York Surrogate's Court
Decided November 1, 1976PublishedCited by 5 opinions
1Opinion of the Court
Nathan R. Sobel, S.
This construction proceeding requires consideration of the doctrine of "merger” in the law of trusts. The New York position, not held by a majority of the States, has been labeled backward and unsound by legal scholars (2 Scott, Trusts [3d ed], § 99.3).
Testator, Alvin Seidman, died October 22, 1975, leaving a wife, Rosalind, and four children, two of whom are infants. His will has been admitted to probate and letters testamentary issued to the widow. Although nominated also as trustee, the widow has not requested that letters of trusteeship issue.
As executrix, the widow…
2Cases cited22 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- Greene v. . GreeneNew York Court of Appeals · 1891
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
- Losey v. . StanleyNew York Court of Appeals · 1895
- Rose v. . HatchNew York Court of Appeals · 1891
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3Cited by5 opinions
- In re the Estate of PozarnyNew York Surrogate's Court · 1998
- In re the Estate of StiefelAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Estate of WeinsteinNew York Surrogate's Court · 1981
- National Superlease, Inc. v. Reliance InsuranceNew York Supreme Court · 1985
- Estate of Halpern v. CommissionerUnited States Tax Court · 1995