Matter of New York Life Insurance and Trust Company
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1913, which affirmed a decree of the New York County Surrogate’s Court determining that the will of Alice H. Franchetti is a valid execution of a power conferred by the will of Adolph Hallgarten to direct the disposition after her death of one-half of the share held in trust for her during her life under the terms of said will.
1Per curiam
The learned and exhaustive opinion of Surrogate Fowler makes it unnecessary for us to discuss at length the important and interesting question involved in this case. We regard his reasoning as sound, but prefer to put our decision squarely on the ground that the construction and effect of the will of Madame Franchetti, in so far as it involved an exercise of the power of appointment conferred by the will of her father, is governed by the law of this state, the domicile of the donor of the power, and the situs of the property. The learned surrogate was able to find as a fact that she intended…
2Cases cited1 opinion
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
3Cited by65 opinions
- Graves v. SchmidlappSupreme Court of the United States · 1942
- Farnum v. Pennsylvania Co. for Insurance on Lives & Granting AnnuitiesNew Jersey Court of Chancery · 1916
- In re the Estate of HarrimanNew York Surrogate's Court · 1924
- Wachovia Bank & Trust Co. v. DoughtonSupreme Court of the United States · 1926
- Pitman v. PitmanMassachusetts Supreme Judicial Court · 1943
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