Legal Opinion

In re Patterson

New York Surrogate's Court

Decided February 11, 1965PublishedCited by 6 opinions

1Opinion of the Court

Joseph A. Cox, S.

In this construction proceeding the court is asked to determine whether the remainders of three residuary trusts vested in the primary remaindermen who are named in the testator’s will or, by reason of the death of a remainder-man during the trust terms, his estate has no present interest in the trust principals. A corollary question arises as to whether the testator’is “ heirs at law”, referred to in article eleventh of the will, are to be ascertained as of the date of the testator’s death or are to be ascertained as of the termination date of each trust.

By subdivisions (b)…

2Cases cited7 opinions

  1. New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
  2. In re the Accounting of KroossNew York Court of Appeals · 1951
  3. In re the Judicial Settlement of the Account of Waterbury Trust Co.New York Surrogate's Court · 1927
  4. In re the Estate of FishelNew York Surrogate's Court · 1938
  5. In re the Accounting of WidmannNew York Surrogate's Court · 1952

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Delaware Trust Company v. McCuneCourt of Chancery of Delaware · 1970
  2. Estate of McKenzieCalifornia Court of Appeal · 1966
  3. Wells Fargo Bank v. Title Insurance & Trust Co.California Court of Appeal · 1971
  4. In re the Estate of NagerNew York Surrogate's Court · 1965
  5. Wells Fargo Bank v. Regents of University of CaliforniaCalifornia Court of Appeal · 1993

1 more not listed; retrieve them via the Exa API.

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