Legal Opinion

In re the Appointment of a Successor Trustee of the Trust under the Will of Phipps

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1955Published

1Opinion of the Court

Appeal by the life beneficiary, who is also a contingent remainderman, from orders of the Surrogate’s Court, Westchester County, made respectively on November 18, 1954, and January 5, 1955, the former granting the application of respondent, the remainderman, for the appointment of a successor eotrustee in place of a deceased cotrustee, and the latter granting appellant’s motion for reargument but adhering to the original determination. Order, dated January 5, 1955, affirmed, without costs. Appeal from order, dated November 18, 1954, dismissed, without costs. The will expressly contemplated…

2Cases cited12 opinions

  1. Woodward v. . JamesNew York Court of Appeals · 1889
  2. Brown v. . SpohrNew York Court of Appeals · 1904
  3. Rose v. . HatchNew York Court of Appeals · 1891
  4. Matter of Reed v. BrowneNew York Court of Appeals · 1946
  5. Weeks v. . FrankelNew York Court of Appeals · 1910

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