Legal Opinion

In re the Estate of Jannella

New York Surrogate's Court

Decided February 20, 1962Published

1Opinion of the Court

Pierson B. Hildreth, S.

In this accounting proceeding with which a separately instituted construction proceeding has been consolidated, the trustees request construction of article ‘1 third ’ ’ of the will as to the investment powers of the trustees. Specifically, the question is as to whether the trustees are authorized to invest in securities other than those authorized for fiduciaries under section 21 of the Personal Property Law, commonly referred to as “ legal investments. ’ ’ The provisions of said article “ third ” to be construed are as follows:

6 ‘ third : I order that my Executor and…

2Cases cited4 opinions

  1. In re National Commercial Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
  2. In Re the Will of CarnellNew York Court of Appeals · 1940
  3. In re Estate of DasNew York Surrogate's Court · 1960
  4. In re the Estate of BullenNew York Surrogate's Court · 1961

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