In re the Accounting of Guaranty Trust Co.
Appellate Division of the Supreme Court of the State of New York
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
- Ithaca Trust Co. v. United StatesSupreme Court of the United States · 1929
- Buchanan v. . LittleNew York Court of Appeals · 1897
- Kearney v. . CruikshankNew York Court of Appeals · 1889
- People's Trust Co. v. . FlynnNew York Court of Appeals · 1907
- Dunham v. . DeraismesNew York Court of Appeals · 1900
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3Cited by4 opinions
- In re HarrisNew York Supreme Court · 1958
- In re the Estate of GansNew York Surrogate's Court · 1957
- In re the Estate of SkrainkaNew York Surrogate's Court · 1978
- In re the Estate of MessnerNew York Surrogate's Court · 1965