In re the Estate of Tisdale
New York Surrogate's Court
1Opinion of the Court
*717OPINION OF THE COURT
Renee R. Roth, S.
At issue is whether there is a right to a jury in a proceeding to set aside a revocable trust created by a settlor who has since died.
Genevieve Tisdale died on October 6, 1995. Less than a year earlier, on December 15, 1994, Mrs. Tisdale allegedly executed two instruments, namely the revocable trust and a companion pour-over will. At testatrix’s death, the value of the trust was approximately $2.1 million; the value of the probate estate was under $400,000.
The trust agreement provides for payment of decedent’s estate taxes and expenses; makes dollar gifts…
2Cases cited14 opinions
- In re the Estate of WeinstockNew York Court of Appeals · 1976
- Matter of WilsonNew York Court of Appeals · 1929
- Phoenix Mutual Life Insurance v. ConwayNew York Court of Appeals · 1962
- Hudson View II Associates v. GoodenAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of LuriaNew York Surrogate's Court · 1970
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3Cited by5 opinions
- In the Matter of Trust T-1 of Mary Faye Trimble, Judith R. Cunningham, TrusteeSupreme Court of Iowa · 2013
- Upman v. ClarkeCourt of Appeals of Maryland · 2000
- Bullis v. DownesMichigan Court of Appeals · 2000
- In re GoetzNew York Surrogate's Court · 2005
- In re the Estate of DavidsonNew York Surrogate's Court · 1998