Legal Opinion
In re the Estate of Stillman
New York Surrogate's Court
Decided October 28, 1980PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Millard L. Midonick, J.
The central issue in this proceeding is this: at what point does an “absolute and uncontrolled” discretion of trustees to withhold invasion of principal become an unreasonable abuse of that discretion?
The petitioners here, Guy Stillman and Dr. James Still-man, are grandsons of the testator James Stillman. They are income beneficiaries of two trusts under article seventh of the will of the testator. Each of them complains of the failure on the part of the trustees of their respective trusts to invade principal requested in 1977, particularly for…
2Cases cited14 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In Re the Accounting of the Manufacturers National Bank of TroyNew York Court of Appeals · 1936
- Holden v. . StrongNew York Court of Appeals · 1889
- Rezzemini v. . BrooksNew York Court of Appeals · 1923
- Jessup v. . SmithNew York Court of Appeals · 1918
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Austin v. U.S. BankCourt of Appeals of Washington · 1994
- In re GoldstickAppellate Division of the Supreme Court of the State of New York · 1992
- Giambrone v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Conkright v. FrommertSupreme Court of the United States · 2010
- In re HaberstichNew York Surrogate's Court · 1996
7 more not listed; retrieve them via the Exa API.