Legal Opinion
In re the Estate of Rotermund
New York Surrogate's Court
Decided November 24, 1969PublishedCited by 3 opinions
1Opinion of the Court
John D. Bennett, S.
This is a proceeding by the surviving spouse as income beneficiary of the trust under paragraph (A) of article “ seventh ” for an allowance from principal on the grounds that her support is not sufficiently provided for pursuant to EPTL 7-1.6. Since, pursuant to New York law, under which express trusts to receive the income from property and apply it to the use of or pay it to any person are automatically spendthrift, and, therefore, indestructible (EPTL 7-1.5; Matter of Caswell, 185 Misc. 599, affd. 269 App. Div. 809), this application for an invasion of principal, not…
2Cases cited4 opinions
- Schoellkopf v. Marine Trust Co.New York Court of Appeals · 1935
- In re the Transfer Tax upon the Trust Created by the Will of HaggertyAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of CaswellNew York Surrogate's Court · 1944
- Schoellkopf v. Marine Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934
3Cited by3 opinions
- In re AlbertNew York Supreme Court · 1981
- In re the Estate of HaroldNew York Surrogate's Court · 1976
- In re WheelerVermont Superior Court · 2004