Legal Opinion

In re the Accounting of Frey

New York Surrogate's Court

Decided May 21, 1953Published

1Opinion of the Court

Collins, S.

In this proceeding for the settlement of the account of the trustees, construction of the will of the deceased and that of his son as donee of a power of appointment is requested in order to determine the validity of the attempted exercise of the power. Deceased, whose will was admitted to prohate in this court as that of a resident of New Jersey, directed the division of his residuary estate into sixths. Two sixths thereof were to be held in trust for his son, Alfred H. Hamilton, for life with remainder to his “ heirs ” as that term was defined in article ninth of the will to…

2Cases cited10 opinions

  1. Matter of New York Life Insurance and Trust CompanyNew York Court of Appeals · 1913
  2. Bishop v. BishopNew York Court of Appeals · 1931
  3. In Re the Will of GiffordNew York Court of Appeals · 1939
  4. Chase National Bank v. Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1943
  5. Lembeck v. LembeckNew Jersey Court of Chancery · 1907

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