Legal Opinion

In re the Estate of Wilson

New York Surrogate's Court

Decided November 4, 1963PublishedCited by 1 opinion

1Opinion of the Court

Harry G. Herman, S.

This independent proceeding for a construction and for the issuance of letters of trusteeship involves the validity of residuary trusts.

The testator died on May 16, 1958. By paragraph “ fifth ” of his will, dated April 18, 1958, the testator provided for a division of his residuary estate into three equal parts to be held in separate trusts for each of three daughters, all of whom survived him, with the duration of each trust measured by the life of the beneficiary. On the death of any daughter while a beneficiary ‘1 leaving lawful issue her surviving, such trust principal…

2Cases cited11 opinions

  1. In Re Proving the Will of MountNew York Court of Appeals · 1906
  2. Schettler v. . SmithNew York Court of Appeals · 1869
  3. In Re the Estate of ColegroveNew York Court of Appeals · 1917
  4. Looram v. LooramNew York Court of Appeals · 1936
  5. In Re the Will of FriendNew York Court of Appeals · 1940

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3Cited by1 opinion

  1. In re the Estate of ThallNew York Surrogate's Court · 1964

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