Legal Opinion

In re the Estate of Bruches

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1979PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Shapiro, J.

This is a proceeding to compel a testamentary trustee to make payment of the remainder interest of a $10,000 testamentary trust. The Surrogate granted the trustee’s motion for summary judgment stating that “no triable issue of fact has been presented.” I disagree.

THE FACTS

The will of the decedent, Adolph Bruches, was executed on January 21, 1958. He had no children. The first dispositive provision, paragraph second, established a trust of $10,000 and required the trustee to "pay over the net income therefrom to my said wife [Anna Bruches] during her lifetime * *…

2Cases cited6 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. Wendt v. FischerNew York Court of Appeals · 1926
  3. Pyle v. PyleAppellate Division of the Supreme Court of the State of New York · 1910
  4. Pyle v. . PyleNew York Court of Appeals · 1910
  5. In Re the Accounting of WilkinNew York Court of Appeals · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Fred Brown v. Blue Cross and Blue Shield of Alabama, Inc.Court of Appeals for the Eleventh Circuit · 1990
  2. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1990
  3. In Re Estate of WallensNew York Court of Appeals · 2007
  4. In re the Estate of YarmAppellate Division of the Supreme Court of the State of New York · 1986
  5. In re the Estate of LawrenceAppellate Division of the Supreme Court of the State of New York · 1997

1 more not listed; retrieve them via the Exa API.

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