In re the Final Accounting of Bankers Trust Co.
New York Supreme Court
1Opinion of the CourtOwen McGivern, J.
In this proceeding under article 79 of the Civil Practice Act for the final settlement of the account of the trustee of an inter vivos trust, no objections to the account have been filed, but a serious question has arisen as to the distribution to be made of the corpus.
*109The trust was created April 1,1913. The settlor was domiciled in Ncav Jersey. The trustee Avas a Ncav York trust company. The trust indenture was acknoAvledged by the settlor and the trustee in New York.
The trust indenture directed payment of the income to settlor’s wife for life, and upon her death, the principal is to be paid…
2Cases cited15 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Hutchison v. RossNew York Court of Appeals · 1933
- Matter of New York Life Insurance and Trust CompanyNew York Court of Appeals · 1913
- Bishop v. BishopNew York Court of Appeals · 1931
- Wilmington Trust Co. v. Wilmington Trust Co.Supreme Court of Delaware · 1942
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3Cited by4 opinions
- The First National Bank of Chicago, and Frank J. Kelly and Helen H. Hexter v. John A. EttlingerCourt of Appeals for the First Circuit · 1972
- White v. United StatesDistrict Court, S.D. Indiana · 1981
- In re the Accounting of Irving Trust CompanyNew York Supreme Court · 1985
- Estate of McArdle v. CommissionerUnited States Tax Court · 1981