Legal Opinion
In re the Estate of Leo
New York Surrogate's Court
Decided January 16, 1939PublishedCited by 5 opinions
1Opinion of the Court
Foley, S.
A question of construction is raised in this executors’ accounting. By his will the testator created a trust of his residuary estate to continue during the successive lives of his mother, his sister and his fiancée. The testator’s mother and sister are still living. The third life tenant, Alma F. Wallach, survived the testator, but is now dead. The primary and secondary life estates are readily severable from the invalid provisions which unduly suspend the power of alienation and will be upheld. (Matter of Trevor, 239 N. Y. 6; Matter of Horner, 237 id. 489.) All ulterior trust…
2Cases cited5 opinions
- Matter of TrevorNew York Court of Appeals · 1924
- In Re the Will of GaryNew York Court of Appeals · 1936
- In re NixonAppellate Division of the Supreme Court of the State of New York · 1936
- In re the Estate of DazianNew York Surrogate's Court · 1938
- In re the Estate MeyersNew York Surrogate's Court · 1938
3Cited by5 opinions
- In re the Construction of the Will of LawlessNew York Surrogate's Court · 1949
- In re the Estate of MorrisonNew York Surrogate's Court · 1939
- In re the Final Accounting of NordlingerNew York Supreme Court · 1948
- In re the Revocation of a Trust between SchlusselNew York Supreme Court · 1949
- Markham v. TibbettsDistrict Court, S.D. New York · 1947