Legal Opinion
In re the Judicial Settlement of the Account of Proceedings of Wyman
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1929PublishedCited by 4 opinions
1Opinion of the Court
O’Malley, J;
This is an appeal by the administrator e. t. a. of one Elizabeth N. Blake, deceased, and a creditor of said testatrix, one Cooper, from so much of a decree of the surrogate as disallowed a certain payment by the administrator to said creditor. The payment was made by virtue of assignments by the deceased bo her creditor of certain trust income to accrue. These assignments have been held invalid under section 15 of the Personal Property Law (as amd. by Laws of 1911, chap. 327).
Concededly if the trust fund was created by the decedent for her own benefit and she may be regarded as…
2Cases cited3 opinions
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Newton v. . HuntNew York Court of Appeals · 1911
- Raymond v. HarrisAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Culver v. Title Guarantee Trust Co.New York Court of Appeals · 1946
- Guaranty Trust Co. v. New York Trust Co.New York Court of Appeals · 1947
- In re the Estate of McCoyNew York Surrogate's Court · 1935
- Vanderbilt v. BalsanNew York Supreme Court · 1948