Legal Opinion

In re the Estate of Bendheim

New York Surrogate's Court

Decided October 10, 1940Published

1Opinion of the Court

Foley, S.

The issues raised in this contested accounting proceeding are disposed of as follows:(1) A construction of the will is requested in order to determine whether the trustees are required to amortize the premiums paid on investments so as to preserve the principal fund intact or whether the full income from such securities may be paid to the life beneficiaries without amortization.

The will provides: “ I authorize and empower my executors, in the investing and reinvesting of any part of my estate, to pay in their discretion premiums on bonds or other securities which they may purchase,…

2Cases cited6 opinions

  1. Furniss v. . CruikshankNew York Court of Appeals · 1921
  2. In Re the Final Judicial Settlement of the Annual Accounts of HoytNew York Court of Appeals · 1899
  3. In Re the Accounting of StevensNew York Court of Appeals · 1907
  4. In Re the Accounting of National City BankNew York Court of Appeals · 1940
  5. Furniss v. CruikshankAppellate Division of the Supreme Court of the State of New York · 1920

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