Legal Opinion
In re the Estate of Taintor
New York Surrogate's Court
Decided November 9, 1961PublishedCited by 5 opinions
1Opinion of the Court
Joseph A. Cox, S.
In this proceeding, brought by the sole surviving trustee to settle its account, objections have been filed by the adopted son of a deceased trust remainderman. The precise issue presented for determination is whether or not the child adopted after the testator’s death is entitled to share as a remainderman in a trust directed to be distribted per stirpes upon the death of the life beneficiary to the “ lawful issue ” of deceased brothers and sisters.
Resolution of the question requires a construction of the will and particularly article Ninth thereof which reads in part as…
2Cases cited19 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- In Re the Estate of WalterNew York Court of Appeals · 1936
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3Cited by5 opinions
- In re the Estate of DunhamNew York Surrogate's Court · 1962
- In re the Estate of JohnsonNew York Surrogate's Court · 1963
- In re the Estate of RicksNew York Surrogate's Court · 1965
- In re the Estate of LawrenceNew York Surrogate's Court · 1974
- In re the Estate of ParkNew York Surrogate's Court · 1963