Legal Opinion
In re the Accounting of Central Hanover Bank & Trust Co.
New York Surrogate's Court
Decided May 19, 1948PublishedCited by 5 opinions
1Opinion of the Court
Collins, S.
The testatrix died on February 16, 1907, leaving a will in which she created a trust of $50,000 ‘ ‘ of the best securities I may have at the time of my demise.” The only direction respecting the investment of the trust assets appears in the fourth paragraph of the codicil which reads: “ I do not wish any of my securities sold.” The parties construe this text as a mandate that none of her securities be sold. A reading of the entire codicil makes clear that the testatrix used the word “ wish ” in a mandatory sense and that the expression of her wish was intended as a command to the…
2Cases cited10 opinions
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- North American Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946
- In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
- Costello v. . CostelloNew York Court of Appeals · 1913
- Mertz v. Guaranty Trust Co.New York Court of Appeals · 1928
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Wellman's WillSupreme Court of Vermont · 1956
- In re the Accounting of MayerNew York Surrogate's Court · 1952
- In re the Estate of GibsonNew York Surrogate's Court · 1965
- In re the Construction of the Will of TaylorNew York Surrogate's Court · 1957
- In re the Estate of FurstNew York Surrogate's Court · 1957