Legal Opinion

In Re the Accounting of the Manufacturers National Bank of Troy

New York Court of Appeals

Decided January 7, 1936PublishedCited by 86 opinions

1Opinion of the CourtHubbs, J.

Frederick R. Martin died at Troy, New York, on February 6, 1926, leaving a last will. The will named his aunt and the respondent, The Manufacturers National Bank of Troy, as executrix and executor. His aunt having predeceased him, the bank was the only-executor to qualify.

Under the third clause of his will, his executors were given the residue of the estate in trust for a named beneficiary for life. Upon her death the executors were directed to pay certain legacies from the principal of the trust fund. As to the balance the will provided:

“ 5. All the rest, residue and remainder of said trust…

2Cases cited9 opinions

  1. Holden v. . StrongNew York Court of Appeals · 1889
  2. Rezzemini v. . BrooksNew York Court of Appeals · 1923
  3. In re the Estate of GatehouseNew York Surrogate's Court · 1933
  4. Bundy v. . BundyNew York Court of Appeals · 1868
  5. Crowe v. HogeboomAppellate Division of the Supreme Court of the State of New York · 1927

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3Cited by86 opinions

  1. State of California Department of Mental Hygiene v. Bank of the Southwest National Ass'nTexas Supreme Court · 1962
  2. Lincoln Rochester Trust Co v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
  3. Estate of FerrallCalifornia Supreme Court · 1953
  4. Estate of Nicholson v. CommissionerUnited States Tax Court · 1990
  5. Samuel H. Salisbury, as Under the Will of Ora S. Hitchcock v. United StatesCourt of Appeals for the Second Circuit · 1967

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