Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Lynn

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 1941Published

1DissentCallahan, J.

Edgar Allan Lynn, now deceased, held a power of appointment under the will of Ms father, John Lynn, wMch power authorized the donee by his will to dispose *519of the principal of a trust fund created by the donor. In making his will, however, Edgar Allan Lynn made no mention of this power of appointment. The terms of his will in this respect are precisely the same as the will involved in the case of Low v. Bankers Trust Co. (270 N. Y. 143, 150), where the situation was described as follows: “ We can read this will from beginning to end without receiving a suggestion or intimation that the…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Fargo v. . SquiersNew York Court of Appeals · 1897
  2. In Re the Appraisal Under the Transfer Tax Act of a Certain Trust Fund Held by HarbeckNew York Court of Appeals · 1900
  3. Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
  4. Lockwood v. . MildebergerNew York Court of Appeals · 1899
  5. Low v. Bankers Trust Co.New York Court of Appeals · 1936

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