Legal Opinion

In re Wagner

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

Decided March 15, 1903PublishedCited by 4 opinions

Appeal by Mary E. Wagner, as general guardian of George D. Wagner, an infant, from, an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 12th day of November, 1902, denying the application of said general guardian for an allowance out of certain accumulations of a trust fund created for the benefit of said infant by the trustees under the will of Bryan Lawrence, deceased; of a sum sufficient to pay certain expenses connected…

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Appeal by Mary E. Wagner, as general guardian of George D. Wagner, an infant, from, an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 12th day of November, 1902, denying the application of said general guardian for an allowance out of certain accumulations of a trust fund created for the benefit of said infant by the trustees under the will of Bryan Lawrence, deceased; of a sum sufficient to pay certain expenses connected with said infant’s education and support.

1Opinion of the Court

Ingraham, J.:

The petitioner, as general guardian of George D. Wagner, an infant, presented to the Surrogate’s Court a petition asking.that the sum of $550 be advanced out of the accumulations of income on á trust fund of $10,000, the income of which had accumulated for the benefit of such infant.' By the will of Bryan Lawrence, which was admitted to probate in the county of New York on the 18th day .of May, 1896, his executors were directed to retain in trust and invest the sum of $10,000, “ and to retain and accumulate the net income and interest thereof during the minority of George Wagner,…

2Cases cited2 opinions

  1. Smith v. . ParsonsNew York Court of Appeals · 1895
  2. In re LehmanAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by4 opinions

  1. In re DavisNew York Supreme Court · 1960
  2. In re the Estate of BreidnerNew York Surrogate's Court · 1952
  3. In re the Estate of ReillyNew York Surrogate's Court · 1939
  4. In re the Estate of KellyNew York Surrogate's Court · 1933

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