Legal Opinion
In re the Construction of the Will of Wallace
New York Surrogate's Court
Decided March 28, 1961Published
1Opinion of the Court
James S. Brown,
Justice of the Supreme Court and Acting Surrogate. Construction of article “ seventh ” of the testator’s will is necessary to determine the manner of distribution of the remainder of the trust which has terminated.
The testator died April 13, 1902 leaving a will dated April 25, 1901 which was admitted to probate. By the terms of said article ‘ ‘ seventh ’ ’, testator provided that a stated sum of money be held in trust for one Leila N. Alden, with the income payable to her for life with remainder on her death to her descendants her surviving and in default of descendants to her…
2Cases cited4 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- Central Hanover Bank & Trust Co. v. PellNew York Court of Appeals · 1935
- In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
- In re the Accounting of National City BankNew York Supreme Court · 1954