Legal Opinion

In re the Estate of Cramer

New York Surrogate's Court

Decided February 16, 1938PublishedCited by 12 opinions

1Opinion of the Court

Foley, S.

This is an application hy the beneficiary of a trust to compel the payment of the trust income to him. The application is opposed by the executor who alleges that the petitioner was indebted to the decedent in the sum of $15,525.31. The executor claims a right, of retainer againgt the income on hand and future income. The income from the trust now on hand is approximately $1,600.

The validity of the indebtedness of the petitioner to the estate is the subject-matter of litigation in another forum. The petitioner contends, however, that he is entitled to the income irrespective of the…

2Cases cited8 opinions

  1. Wetmore v. . WetmoreNew York Court of Appeals · 1896
  2. Smith v. KearneyNew York Court of Chancery · 1848
  3. In re the Estate of YardNew York Surrogate's Court · 1921
  4. In re Estate of FosterNew York Surrogate's Court · 1902
  5. In re the Estate of BurrNew York Surrogate's Court · 1932

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

3Cited by12 opinions

  1. Fetting v. FlaniganCourt of Appeals of Maryland · 1946
  2. In re the Estate of CaswellNew York Surrogate's Court · 1944
  3. In re the Estate of SawinNew York Surrogate's Court · 1940
  4. In re the Accounting of ThayerNew York Surrogate's Court · 1953
  5. In re the Will of HartNew York Surrogate's Court · 1945

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

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