Legal Opinion
In re the Estate of Carr
New York Surrogate's Court
Decided May 13, 1941PublishedCited by 9 opinions
1Opinion of the Court
Foley, S.
In this accounting proceeding, a preliminary issue is presented by the request of the executors and trustees for a construction of paragraph seventh of the will. The principal question is whether, in the trust for the benefit of the widow, the testator intended to impose upon his trustees an imperative obligation to invade the principal of the trust so as to produce a certain monthly income for the widow, or whether he intended to repose in them a discretionary power so to do. A subordinate question is presented by the petition of the trustees as to whether certain income taxes *572claime…
2Cases cited13 opinions
- Helvering v. ButterworthSupreme Court of the United States · 1933
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- Thurber v. . ChambersNew York Court of Appeals · 1876
- In Re the Accounting of the National City BankNew York Court of Appeals · 1932
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Woodard v. MordecaiSupreme Court of North Carolina · 1951
- Coats v. WhitlowMissouri Court of Appeals · 1979
- Estate of Council v. CommissionerUnited States Tax Court · 1975
- Curry v. CommissionerUnited States Tax Court · 1945
- In re the Estate of HaymanNew York Surrogate's Court · 1941
4 more not listed; retrieve them via the Exa API.