Legal Opinion

In re the Estate of Duncan

New York Surrogate's Court

Decided March 1, 1961Published

1Opinion of the Court

Joseph A. Cox, S.

The testator died on April 7, 1901 and by his will created a trust of his residuary estate for-the primary income benefit of his widow with secondary life estates' in favor of those of his children who survived his wife. He directed that upon their deaths the remainder of the secondary trusts pass “to the issue of such beneficiary in such shares and proportions as may be directed by the last will and testament of said beneficiary, or, in default thereof, to such issue share and share alike; if such beneficiary leave no issue surviving, I give and bequeath the same to my…

2Cases cited6 opinions

  1. Soper v. . BrownNew York Court of Appeals · 1892
  2. Schmidt v. . JewettNew York Court of Appeals · 1909
  3. Central Hanover Bank & Trust Co. v. PellNew York Court of Appeals · 1935
  4. In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
  5. Drake v. . DrakeNew York Court of Appeals · 1892

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