Legal Opinion

In re the Estate of Carmel

New York Surrogate's Court

Decided April 13, 1983PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Evans V. Brewster, S.

In this intermediate trustees’ accounting, the court is requested to determine whether decedent’s widow effectively exercised the power of appointment given under the marital trust created by article seventh of the will.

Decedent died on June 4,1962 leaving a will dated June 21,1961 which was duly admitted to probate. Under article seventh, a marital trust was created which provided that the entire net income shall be paid to or applied for the use of decedent’s wife, Lena Carmel, and upon her death, the principal and accrued or undistributed income was…

2Cases cited7 opinions

  1. In Re Accounting of Guaranty Trust Co.New York Court of Appeals · 1938
  2. Schreyer v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1905
  3. Allen v. . De WittNew York Court of Appeals · 1850
  4. Kissam v. . DierkesNew York Court of Appeals · 1872
  5. Schreyer v. . SchreyerNew York Court of Appeals · 1905

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3Cited by2 opinions

  1. In re the Estate of GranirerAppellate Division of the Supreme Court of the State of New York · 1987
  2. In re the Estate of HamiltonAppellate Division of the Supreme Court of the State of New York · 1993

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