Legal Opinion
In re the Estate of Hart
New York Surrogate's Court
Decided October 17, 1939PublishedCited by 3 opinions
1Opinion of the Court
Foley, S.
This is a trustee’s accounting in which a construction of the will is sought involving the validity of the exercise of a power of appointment and the method of distribution of the appointive property.
The testator died in 1908 and by his will he created a trust of his residuary estate for the benefit of his nephew, Michael Hart, for life. He conferred a power on the life tenant to appoint the remainder of the trust in the following language of his will: “ and immediately after the death of my said nephew, then to grant, convey, assign and pay over the corpus or principal of the trust…
2Cases cited9 opinions
- Crooke v. . County of KingsNew York Court of Appeals · 1884
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
- In Re Accounting of Guaranty Trust Co.New York Court of Appeals · 1938
- Regents of the University System v. Trust Co.Supreme Court of Georgia · 1938
- In re the Judicial Settlement of the Account of WainwrightAppellate Division of the Supreme Court of the State of New York · 1936
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3Cited by3 opinions
- In re the Judicial Settlement of the Account of Proceedings of United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Massey v. Guaranty Trust Co.Nebraska Supreme Court · 1942
- Kroshnyi v. U.S. Pack Courier Services, Inc.Court of Appeals for the Second Circuit · 2014