Legal Opinion

In re the Construction of the Will of Schinasi

New York Surrogate's Court

Decided May 19, 1959Published

1Opinion of the Court

S. Samuel Di Falco, S.

The testator by paragraph Sixteenth of his will gave to his trustees permissive power to make investments beyond the scope of investments for trustees as authorized by law when the will was made. As it was the intent of the testator to enlarge rather than limit the investment powers of his trustees, the court finds that the grant to the trustees of power to make certain investments is no restriction upon the trustees’ power to make other investments consistent with section 21 of the Personal Property Law. (Matter of Hilliard, 197 Misc. 1094; Matter of Marquand, 203 Misc.…

2Cases cited4 opinions

  1. In re the Estate of HamersleyNew York Surrogate's Court · 1934
  2. City Bank Farmers Trust Co. v. EvansAppellate Division of the Supreme Court of the State of New York · 1938
  3. In re the Accounting of HilliardNew York Surrogate's Court · 1950
  4. In re the Accounting of New York Trust Co.New York Surrogate's Court · 1952

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