Legal Opinion
In re the Estate of Muller
New York Surrogate's Court
Decided May 16, 1935PublishedCited by 6 opinions
1Opinion of the Court
Foley, S.
In this proceeding the executors petition the court for authority to depart from the class of legal investments and to invest the funds within the trusts in common stocks. The terms of the will permit the retention of securities left by the testator, but provide no grant of power to make new investments in securities other than those permitted by the statutes. (Dec. Est. Law, § 111; Pers. Prop. Law, § 21.) The trusts under the will are created *749by the residuary clause. The aggregate of the funds is approximately $400,000. Two-thirds are placed in trust for the benefit of the widow for…
2Cases cited6 opinions
- Costello v. . CostelloNew York Court of Appeals · 1913
- In re the Estate of PulitzerNew York Surrogate's Court · 1931
- Mertz v. Guaranty Trust Co.New York Court of Appeals · 1928
- Toronto General Trusts Co. v. Chicago, B. & Q. R.New York Supreme Court · 1892
- Cruger v. JonesNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Trusteeship Under Will of JonesSupreme Court of Minnesota · 1938
- In re National Commercial Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
- In re the Accounting of Bank of New York & Fifth Avenue BankNew York Surrogate's Court · 1950
- Jones v. First Minneapolis Trust Co.Supreme Court of Minnesota · 1938
- In re the Accounting of LoberNew York Surrogate's Court · 1945
1 more not listed; retrieve them via the Exa API.