Legal Opinion

In re Equitable Trust Co.

New York Surrogate's Court

Decided July 11, 1927PublishedCited by 1 opinion

1Opinion of the Court

Schulz, S.

By paragraph “ fourth ” of the will of the decedent she devised all of her real property to a trustee to carry out certain directions which are set forth in four subdivisions of that paragraph designated by the letters A, B, C and D.

Subdivision “ A ” provides for the distribution of the net balance of the rents and profits among her three sons, during their lives, with certain modifications in case of the death of any one or more of them, but for no disposition of the corpus of the trust fund before the death of the last survivor. This involves an unlawful suspension of the power of…

2Cases cited3 opinions

  1. In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
  2. Leach v. . GodwinNew York Court of Appeals · 1910
  3. In re ThawAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by1 opinion

  1. In re the Estate of MorrisonNew York Surrogate's Court · 1939

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