Legal Opinion

United States Trust Co. v. Gulick

New York Supreme Court

Decided November 15, 1919Published

Action for the construction of a will.

1Opinion of the CourtPlatzek, J.

This is an action for the settlement of plaintiff’s accounts as trustee under the will of James Phalen, deceased, and for a decree directing distribution of the trust fund. On August 7, 1873, in contemplation of the marriage of Charles James Phalen and Julia de Zakrevsky, an antenuptial agreement was entered into between them. By the terms of article 6 of this agreement they covenanted and agreed that the survivor of them should be entitled to one-fourth part in value of the entire property belonging to the other at the time of his or her death. Charles James Phalen was a son of the testator,…

2Cases cited4 opinions

  1. In Re the Judicial Settlement of the Account of MoehringNew York Court of Appeals · 1897
  2. Phalen v. . United States Trust Co.New York Court of Appeals · 1906
  3. Stanley v. PayneNew York Supreme Court · 1909
  4. Farmers' Loan & Trust Co. v. ShawAppellate Division of the Supreme Court of the State of New York · 1908

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