Legal Opinion

In re the Estate of Stillman

New York Surrogate's Court

Decided January 8, 1975PublishedCited by 1 opinion

1Opinion of the Court

Millard L. Midonick, S.

In this accounting proceeding the court is requested to construe article fifteenth of the will and to determine whether the trustees are permitted to make investments as provided by the "prudent man” rule (EPTL 11-2.2, subd [a], par [1]) without the necessity of obtaining written consents of the adult income beneficiaries of the separate trusts under article ninth of the will.

The first paragraph of article fifteenth provides: "I hereby give my Trustees, acting under this will, full power and authority, in their discretion, to hold and retain any property coming to them…

2Cases cited5 opinions

  1. In re the Estate of HamersleyNew York Surrogate's Court · 1934
  2. City Bank Farmers Trust Co. v. EvansAppellate Division of the Supreme Court of the State of New York · 1938
  3. In re the Estate of BergNew York Surrogate's Court · 1970
  4. In re the Estate of ChanningNew York Surrogate's Court · 1927
  5. In re the Estate of MoserNew York Surrogate's Court · 1968

3Cited by1 opinion

  1. In re PaceNew York Supreme Court · 1999

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