Legal Opinion

In re the Intermediate Accounting of Sprague

New York Surrogate's Court

Decided March 30, 1961Published

1Opinion of the Court

J. Kenneth Servé, S.

Mary H. Rainbow, the testatrix herein, under the terms of paragraph tenth of her will, divided her residuary estate into two equal parts. One of such equal parts she bequeathed to her trustees for the life use of her son with the direction that during his life the trustees were to ‘ ‘ pay to him or apply for his benefit the net income thereof ’ ’ and upon his death the principal was then to be paid over to other designated persons. In the administration of such trust, the testatrix provided as follows: “ I further direct the Trustees not to permit any of the income…

2Cases cited3 opinions

  1. Atwater v. Lober, New York County Courts1929
  2. United States v. San Francisco Bridge Co.District Court, N.D. California · 1898
  3. Willingham v. PanickCourt of Appeals for the Tenth Circuit · 1947

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