Legal Opinion

In re the Accounting of Wilson

New York Surrogate's Court

Decided March 26, 1959Published

1Opinion of the Court

Maximilian Moss, S.

In this executors ’ accounting proceeding the court is required to determine the validity of the charitable trust created under paragraph “Fourth” of testator’s will; the validity of the charitable trust remainder of the residuary trust under paragraph “ Fifth ” and if valid whether the will violates section 17 of the Decedent Estate Law, and how any amount in excess of the maximum permissible for charities should be distributed; the validity and effect of the widow’s exercise of the right of election pursuant to section 18 of the Decedent Estate Law; and to consider other…

2Cases cited6 opinions

  1. In Re the Will of MayersNew York Court of Appeals · 1949
  2. In re the Estate of EpsteinNew York Surrogate's Court · 1941
  3. In re the Estate of MeyerNew York Surrogate's Court · 1930
  4. In re ChamotNew York Supreme Court · 1951
  5. In re the Accounting of FosterNew York Surrogate's Court · 1955

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