Legal Opinion

In re the Accounting of Brooklyn Trust Co.

New York Surrogate's Court

Decided August 10, 1948PublishedCited by 5 opinions

1Opinion of the Court

Me Caret, S.

The petitioner, trustee of one of the residuary trusts created by testator under his will, seeks judicial settlement of its final account and determination of the proper distribution of the corpus of the trust. The question presented is whether the child born of the second marriage of testator’s grandson, the secondary life beneficiary of such trust, is entitled to a portion of the remainder as one of the “ lawful issue ” of such grandson. There is no substantial dispute on the facts, the differences between the parties arising as to the conclusions to be drawn therefrom and the…

2Cases cited25 opinions

  1. Milliken v. MeyerSupreme Court of the United States · 1941
  2. Williams v. North CarolinaSupreme Court of the United States · 1945
  3. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  4. Andrews v. AndrewsSupreme Court of the United States · 1903
  5. Dupuy v. . WurtzNew York Court of Appeals · 1873

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3Cited by5 opinions

  1. Niles v. NilesCourt of Chancery of Delaware · 1955
  2. In re the Accounting of Brooklyn Trust Co.New York Surrogate's Court · 1955
  3. Niles v. NilesCourt of Chancery of Delaware · 1955
  4. In re the Accounting of Brooklyn Trust Co.New York Surrogate's Court · 1950
  5. In re the Accounting of Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1949

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