Legal Opinion
In re the Estate of Otto
New York Surrogate's Court
Decided March 7, 1977PublishedCited by 4 opinions
1Opinion of the CourtJohn D. Bennett, J.
In this will construction proceeding to reform an old-law charitable remainder trust with two life income beneficiaries followed by a bequest to a noncharitable beneficiary to a 1Vi% unitrust thereby enabling the trustees to claim a charitable deduction under the Tax Reform Act of 1969 (83 US Stat 487 et seq.) the court rendered a decision dated February 24, 1976 (reported in 86 Misc 2d 824, wherein the facts are set forth at length). The Attorney-General and the charity both joined in petitioners’ application. Because all the interested parties disregarded the interest of the testator’s…
2Cases cited5 opinions
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Henslee v. Union Planters National Bank & Trust Co.Supreme Court of the United States · 1949
- Merchants Nat. Bank of Boston v. CommissionerSupreme Court of the United States · 1943
- In re the Estate of HammerNew York Surrogate's Court · 1974
- In re the Estate of CushingNew York Surrogate's Court · 1966
3Cited by4 opinions
- In re the Estate of LeporeNew York Surrogate's Court · 1985
- In re KramerNew York Surrogate's Court · 1979
- In re the Estate of AnnesleyNew York Surrogate's Court · 1980
- In re the Estate of OffermanNew York Surrogate's Court · 1989