Legal Opinion

In re the Estate of Downing

New York Surrogate's Court

Decided July 1, 1931PublishedCited by 1 opinion

1Opinion of the Court

O’Brien, S.

On this accounting proceeding a question of construction arises. The decedent left him surviving a widow and six children. By the terms of the will he created a trust fund of his residuary estate for the benefit of his wife for life, and on the death of the wife the residuary estate to be divided into six equal parts for each of his children. These parts are to be held in further trusts during the lives of the children, and on the death of any child, leaving issue, are to be paid to the issue. The trust provision of the six identical trusts, in so far as they are material here, are…

2Cases cited6 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. Robinson v. . MartinNew York Court of Appeals · 1910
  3. Mullarky v. . SullivanNew York Court of Appeals · 1892
  4. In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
  5. In re DohertyAppellate Division of the Supreme Court of the State of New York · 1929

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3Cited by1 opinion

  1. In re the Judicial Settlement of the Account of Proceedings of New York Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933

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