Legal Opinion
In re the Judicial Settlement of the Account of Wall
New York Surrogate's Court
Decided March 15, 1912PublishedCited by 10 opinions
Proceeding upon the judicial settlement of the account of a testamentary trustee.
1Opinion of the Court
Ketcham, S.
The trustee accounts for a fund bequeathed to him by the third paragraph of the will, in trust, for the son of the testator, with the direction that the net income thereof be paid to the said son during his natural life and. that on his death the principal sum be paid to the son’s next-of kin.
The seventh paragraph of the will is as follows:
“ In the event of my said son, James I. Martin, contesting this will, I revoke the trust legacy to him as mentioned, in Paragraph ‘ Third.’ ”
There is no gift over the legacy in ease of forfeiture. There is a general disposition of the residue of…
2Cases cited5 opinions
- Smithsonian Institution v. MeechSupreme Court of the United States · 1898
- Jackson v. WesterfieldNew York Supreme Court · 1881
- In re Vandervort's EstateNew York Supreme Court · 1892
- In re Stewart's WillNew York Surrogate's Court · 1889
- Kelley v. WinslowNew York Supreme Court · 1911
3Cited by10 opinions
- In re Kathan's WillNew York Surrogate's Court · 1913
- In re the Estate of CroninNew York Surrogate's Court · 1932
- In re the Estate of BrushNew York Surrogate's Court · 1935
- In Re Estate of James H. ChambersSupreme Court of Missouri · 1929
- In re the Final Judicial Settlement of the Account of Proceedings of MillerNew York Surrogate's Court · 1922
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