Legal Opinion
In re the Construction of the Will of Tousley
New York Surrogate's Court
Decided April 8, 1954PublishedCited by 2 opinions
1Opinion of the Court
Schwerzmann, S.
This is a construction proceeding in which the petitioner challenges (a) the validity of the residuary trust created in article IV of the testator’s will (Personal Property Law, § 11; Real Property Law, § 42) and (b) the validity of certain powers to divert or accumulate income given to the trustee in article V thereof.
By article IV, a primary trust of the residue is created for the benefit of testator’s wife, the petitioner herein, until her death or remarriage. Secondary trusts for living children of the testator and the issue of deceased children are then established in this…
2Cases cited16 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Baer v. HendricksNew York Court of Appeals · 1895
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- Cochrane v. . SchellNew York Court of Appeals · 1894
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3Cited by2 opinions
- In re the Estate of RemsenNew York Surrogate's Court · 1962
- In re the Final Accounting of JacksonNew York Surrogate's Court · 1959