Legal Opinion

In re the Estate of Osterlof

New York Surrogate's Court

Decided May 22, 1973Published

1Opinion of the CourtJohn D. Bennett, J.

In this final accounting proceeding by the trustees of the residuary trust for the benefit of the decedent’s surviving spouse, the petitioners request a construction of the amount of principal payable to the estate of the surviving spouse. Paragraph fourth of the will, in addition to providing for the payment of income from the residuary trust to the decedent’s wife, also directed a payment “to her out of the principal of said trust estate during each year after the establishment of said trust estate, [of] an amount or a part of said trust having a value equal to 20% of the original value of…

2Cases cited4 opinions

  1. Kearney v. . CruikshankNew York Court of Appeals · 1889
  2. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1925
  3. In re the Final Accounting of SangnierNew York Surrogate's Court · 1961
  4. In re the Accounting of MaederNew York Supreme Court · 1972

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