Legal Opinion
In re the Estate of Woodward
New York Surrogate's Court
Decided August 1, 1940PublishedCited by 1 opinion
1Opinion of the Court
Foley, S.
A question of construction is raised in this trustee’s accounting. The testator created a trust for the benefit of his daughter for life and conferred upon her a general power to appoint the remainder. He further provided that if the daughter should fail to exercise the power, the fund created for her benefit should be divided among her issue. The testator died in 1879. His daughter died in 1939. Her will does not refer to the power of appointment but contains a general residuary clause. The residuary clause bequeaths one-third of the residuary estate to. a son, another third in…
2Cases cited6 opinions
- Fargo v. . SquiersNew York Court of Appeals · 1897
- In re HornidgeNew York Surrogate's Court · 1929
- Low v. Bankers Trust Co.New York Court of Appeals · 1936
- In re the Judicial Settlement of the Account of WainwrightAppellate Division of the Supreme Court of the State of New York · 1936
- Speir v. BenvenutiAppellate Division of the Supreme Court of the State of New York · 1921
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3Cited by1 opinion
- In re the Estate of BearnsNew York Surrogate's Court · 1945