Legal Opinion

In Re a Trust Created by Gurney

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

Decided July 27, 2017No. 524003PublishedCited by 1 opinion

1Opinion of the CourtDevine, J.

Appeal from an order of the Surrogate’s Court of Otsego County (Lambert, S.), entered August 8, 2016, which, in a proceeding pursuant to EPTL articles 2 and 8, among other things, granted petitioner’s cross motion to distribute a certain residuary share of a revocable trust pursuant to the antilapse statute.

Petitioner assumed her duties as successor trustee of a revocable living trust established by Margaret E. Gurney (hereinafter decedent) when decedent became unable to manage her affairs. The trust agreement directed that, upon decedent’s death, the trust assets be applied toward her debts…

2Cases cited8 opinions

  1. In Re the Estate of WilsonNew York Court of Appeals · 1983
  2. Saltsman v. GreeneNew York Court of Appeals · 1931
  3. In re Syracuse UniversityNew York Court of Appeals · 1958
  4. Episcopal Charities of Albany, Inc. v. Albany Medical Center—South Clinical CampusAppellate Division of the Supreme Court of the State of New York · 2006
  5. Saltsman v. GreeneNew York Supreme Court · 1930

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3Cited by1 opinion

  1. In Re a Trust Created by GurneyAppellate Division of the Supreme Court of the State of New York · 2017

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