Legal Opinion
In Re the Estate of Greatsinger
New York Court of Appeals
Decided April 1, 1986PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
It was an abuse of discretion as a matter of law for the Appellate Division to direct that the fees of counsel for the unsuccessful contestants in a will construction proceeding for the remainder of a trust of 10% of the residuary estate be paid out of the trust because it was the only one of several trusts created by the testator which was the subject of the proceeding. Other factors that should have been considered by the Appellate Division in making its determination but were ignored were that the proceeding had been brought by the trustee, not by the…
2Cases cited22 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Johnson v. JohnsonNew York Court of Appeals · 1946
- Stevens v. Central National BankNew York Court of Appeals · 1901
- Dodd v. . AndersonNew York Court of Appeals · 1910
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In Re Trust Created by HydeNew York Court of Appeals · 2010
- In re the Estate of CampbellAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of ScottAppellate Division of the Supreme Court of the State of New York · 1996
- In re HughesAppellate Division of the Supreme Court of the State of New York · 1995
- In re Trust Created Under the Last Will & Testament of StatlerAppellate Division of the Supreme Court of the State of New York · 2006
19 more not listed; retrieve them via the Exa API.