Legal Opinion

In re the Accounting of Guaranty Trust Co.

New York Surrogate's Court

Decided February 6, 1953PublishedCited by 4 opinions

1Opinion of the Court

Collins, S.

Decedent bequeathed Ms residuary estate in trust with the income payable to his wife and his sister successively. Both beneficiaries survived the testator and, as he anticipated, Ms sister was the longer lived and the trust terminated on her death in 1949. The testator disposed of the trust remainder in the following language:' ‘ From and after the death of my wife and of my said sister, I give, devise and bequeath the said rest, residue and remainder of my estate, to the children of my said sister, Amy Donnell, share and share alike, per capita and not per stirpes.” At the date of…

2Cases cited12 opinions

  1. Baer v. HendricksNew York Court of Appeals · 1895
  2. In Re the Accounting of CraneNew York Court of Appeals · 1900
  3. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  4. Robinson v. . MartinNew York Court of Appeals · 1910
  5. Delaney v. . McCormackNew York Court of Appeals · 1882

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3Cited by4 opinions

  1. In re the Construction of the Will of AstorNew York Surrogate's Court · 1957
  2. In re the Will of SwartNew York Surrogate's Court · 1961
  3. In re the Construction of the Will of GunbyNew York Surrogate's Court · 1961
  4. In re the Estate of SpringerNew York Surrogate's Court · 1958

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