Legal Opinion

In re the Estate of Garland

New York Surrogate's Court

Decided May 4, 1936PublishedCited by 3 opinions

1Opinion of the Court

Henderson, S.

There are two questions presented to the court for determination upon this accounting of the surviving corporate trustee: One is for a construction of the will and the other is an objection to the account by the special guardian; representing contingent remaindermen, requesting a surcharge because of the shrinkage of the estate by reason of the alleged negligence of the accounting trustee.

Following the word “ Sixth ” and preceding subdivision “ A,” the testator provided a trust for the life of the widow, and upon her death it is to be divided into four equal parts, one for each…

2Cases cited3 opinions

  1. In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883
  2. In re the Judicial Settlement of the Final Account of Proceedings of Westchester Title & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
  3. In re the Estate of RichardsonNew York Surrogate's Court · 1928

3Cited by3 opinions

  1. Steiner v. HAWAIIAN TRUST CO., LTD.Hawaii Supreme Court · 1964
  2. In re the Estate of PoillonNew York Surrogate's Court · 1937
  3. In re the Accounting of ShipuleNew York Surrogate's Court · 1954

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