Legal Opinion

In re the Estate of Smith

Appellate Division of the Supreme Court of the State of New York

Decided June 23, 1994Published

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

The dispute involved on this appeal concerns the amount of the commissions due respondent, as the designated trustee of the trusts created by the last will and testament of decedent, Andrew W. Smith. The will was executed in 1919 and provided, inter alia, that the net residuary estate be divided into four shares and placed in four separate trusts for the benefit of certain named relatives. Respondent was designated a trustee of the trusts. The trusts have generally been terminated and their proceeds distributed. The last surviving trust beneficiary named in…

2Cases cited2 opinions

  1. In re CarmerNew York Court of Appeals · 1988
  2. Lehman v. Irving Trust Co.New York Court of Appeals · 1982

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