Legal Opinion
In re the Estate of Smathers
New York Surrogate's Court
Decided February 12, 2008PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Anthony A. Scarpino, Jr., J.
This is a proceeding by JPMorgan Chase Bank, N.A. as trustee of the trust created under the will of Elmer Ellsworth Smathers (decedent) for construction and reformation of decedent’s will and for advice and direction regarding the sale of real property held by the trust. The parties have filed a stipulation wherein they identify the papers to be considered on this application.
Decedent died testate on January 11, 1928. Under his will dated December 11, 1926, decedent disposed of his residuary estate in trust. The trust term is measured by two…
2Cases cited13 opinions
- In re the Estate of PulitzerNew York Surrogate's Court · 1931
- In re the Estate of ChoateNew York Surrogate's Court · 1988
- In re SnideNew York Court of Appeals · 1981
- In re the Estate of MartinNew York Surrogate's Court · 1989
- In re the Estate of TannenbaumAppellate Division of the Supreme Court of the State of New York · 1964
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3Cited by2 opinions
- Robert R. Burton v. New York State Department of Taxation and FinanceNew York Court of Appeals · 2015
- Buchanan v. Bank of AmericaSuperior Court of Rhode Island · 2011