Legal Opinion

In re the Estate of Trotter

New York Surrogate's Court

Decided October 31, 1940PublishedCited by 8 opinions

1Opinion of the Court

Foley, S.

The trustee in this final accounting proceeding seeks a construction of the wills of the donor and the donee under a power of appointment. The questions involved are: (1) Whether George Trotter, the son of deceased, validly exercised a power given to him by the will of this testatrix as to the whole or a part of the fund; (2) whether the appointment is partially invalid, and (3) in the latter event whether the alternative provisions of the donor’s will are valid and effective or are void with a consequent determination of intestacy.

The testatrix and donor died a resident of this…

2Cases cited20 opinions

  1. Matter of DurandNew York Court of Appeals · 1928
  2. Schettler v. . SmithNew York Court of Appeals · 1869
  3. Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
  4. Fargo v. . SquiersNew York Court of Appeals · 1897
  5. In re HornidgeNew York Surrogate's Court · 1929

15 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. The First National Bank of Chicago, and Frank J. Kelly and Helen H. Hexter v. John A. EttlingerCourt of Appeals for the First Circuit · 1972
  2. In re the Estate of BerwindNew York Surrogate's Court · 1943
  3. In re the Estate of CoppNew York Surrogate's Court · 1941
  4. In re the Estate of GrinnellNew York Surrogate's Court · 1944
  5. In re the Accounting of City Bank Farmers Trust Co.New York Surrogate's Court · 1949

3 more not listed; retrieve them via the Exa API.

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