Legal Opinion

In re the Accounting of Guaranty Trust Co.

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

Decided December 20, 1955PublishedCited by 4 opinions

1Opinion of the CourtBotein, J.

On a prior appeal in this matter, one of the major issues involved the right of d’Espinay, the settlor’s second husband, to take an annuity pursuant to a reserved right of appointment exercised by the settlor (276 App. Div. 990, affd. without opinion, 302 N. Y. 752). After holding that he was entitled to the *796annuity, this court went on to say: “ As annuitant, d’Espinay does not have any right to elect to take his annuity in a capital sum; but on disclosure of all relevant facts and figures, if the court then deems it advisable for the interests of the children, primary object of the settlor’s…

2Cases cited14 opinions

  1. Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
  2. Buchanan v. . LittleNew York Court of Appeals · 1897
  3. Kearney v. . CruikshankNew York Court of Appeals · 1889
  4. People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
  5. Dunham v. . DeraismesNew York Court of Appeals · 1900

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3Cited by4 opinions

  1. In re HarrisNew York Supreme Court · 1958
  2. In re the Estate of GansNew York Surrogate's Court · 1957
  3. In re the Estate of SkrainkaNew York Surrogate's Court · 1978
  4. In re the Estate of MessnerNew York Surrogate's Court · 1965

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