Legal Opinion

In re the Trustees of the Estate & Property of the Diocesan Convention

New York Surrogate's Court

Decided October 22, 1984PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Renee R. Roth, S.

In this proceeding for construction of its investment powers, the trustee requests the court to determine whether the investment directives contained in the trust instruments are permissive or mandatory. If the directives are determined to be mandatory, the trustee seeks permission to invest in securities yielding a higher income than those specified in the instrument in order to better accomplish the grantor’s purpose.

The charitable trust was created by Caroline Talman in 1891 for the benefit of the Memorial Church of the Beloved Disciple. The purpose of…

2Cases cited21 opinions

  1. In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
  2. Matter of WentworthNew York Court of Appeals · 1920
  3. In re the Estate of PulitzerNew York Surrogate's Court · 1931
  4. Trustees of the Sailors' Snug Harbor v. CarmodyNew York Court of Appeals · 1914
  5. In Re the Will of NeherNew York Court of Appeals · 1939

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3Cited by4 opinions

  1. In re SiegelNew York Surrogate's Court · 1997
  2. In re the Estate of ChamberlinAppellate Division of the Supreme Court of the State of New York · 2016
  3. In re the Estate of ChamberlinAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of ChamberlainAppellate Division of the Supreme Court of the State of New York · 2016

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