Legal Opinion

In re the Estate of Gerken

New York Surrogate's Court

Decided December 23, 1931PublishedCited by 2 opinions

1Opinion of the Court

Wingate, S.

The sole question for determination in this proceeding is whether the estate of this decedent is the real owner of a certain bond and mortgage evidencing an obligation of $18,000, or whether it is properly a part of the trust res of a trust erected in 1913 of which the decedent and his wife, Clara R. Gerken, were the trustees, and of which she and Corn Exchange Bank Trust Company are the present fiduciaries.

The evidence adduced has demonstrated that prior to 1889 a considerable tract of property on Kings highway and Coney Island avenue in Brooklyn belonged to one Edward Ridley, the…

2Cases cited6 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. Holmes v. . GilmanNew York Court of Appeals · 1893
  3. In re the Estate of HarbeckNew York Surrogate's Court · 1931
  4. In re the Transfer Tax On the Estate of EarlyNew York Surrogate's Court · 1920
  5. Ostrander v. OstranderAppellate Division of the Supreme Court of the State of New York · 1920

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re the Estate of McCaffertyNew York Surrogate's Court · 1933
  2. In re the Estate of GrubeNew York Surrogate's Court · 1936

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