Legal Opinion

In re the Estate of Moser

New York Surrogate's Court

Decided June 7, 1988PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

C. Raymond Radigan, J.

This petition for appointment of the decedent’s daughter as a successor cotrustee is opposed by the applicant’s brother, Paul Moser, who suggests the court appoint an independent neutral person. Petitioner’s reply is that she is a person eligible to receive letters, and that no circumstances exist requiring the appointment of an outsider.

Decedent died in 1969 leaving a will that placed the bulk of his estate in a marital and nonmarital trust. His wife, Mary, was designated as the income beneficiary of each trust with the remainder, on her death,…

2Cases cited2 opinions

  1. In re the Estate of SeidmanAppellate Division of the Supreme Court of the State of New York · 1977
  2. In re the Estate of KaganNew York Surrogate's Court · 1983

3Cited by4 opinions

  1. In re the Estate of CahnAppellate Division of the Supreme Court of the State of New York · 1990
  2. Merer v. RomoffNew York Supreme Court · 1997
  3. In re the Trust Created by the Will of SchuylerAppellate Division of the Supreme Court of the State of New York · 2015
  4. In re the Trust Created by the Will of SchuylerAppellate Division of the Supreme Court of the State of New York · 2015

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