Legal Opinion

In re the Accounting of Smith

New York Surrogate's Court

Decided September 20, 1957Published

1Opinion of the Court

Edgar F. Hazleton, S.

The executors and trustees of the above-named decedent have petitioned for the settlement of their account (final as to the executors and intermediate as to the trustees) and, as an incident thereto, request a construction as to whether or not the will of Christina McLaren Brown, the deceased wife of the above-named decedent (who survived the decedent) effectively exercised a power of appointment granted said widow under the will of her deceased husband.

The husband died on February 24, 1953 leaving a will dated September 28,1948 which was admitted to probate by this court…

2Cases cited9 opinions

  1. Riker v. . CornwellNew York Court of Appeals · 1889
  2. Lockwood v. . MildebergerNew York Court of Appeals · 1899
  3. Low v. Bankers Trust Co.New York Court of Appeals · 1936
  4. Chase National Bank v. Chicago Title & Trust Co.New York Court of Appeals · 1936
  5. Chase National Bank v. Chicago Title & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935

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