Legal Opinion

In re the Estate of Hess

New York Surrogate's Court

Decided June 15, 1939PublishedCited by 2 opinions

1Opinion of the Court

Fbely, S.

In this judicial settlement the court is asked to construe the will in respect to the character of permissible investment by the testamentary trustees. There are three trusts created by this will, and in each there is found the same provision, briefly *691expressed, as to investments; but, aside from that, the will is silent on the subject.

The first trust differs from the two others only in that this is like an annuity, being a trust to pay an adult friend the income of $5,000, with enough of principal to make up monthly payments of $100 each. The second trust is on $3,000 to provide…

2Cases cited13 opinions

  1. Adair v. . BrimmerNew York Court of Appeals · 1878
  2. In Re the Judicial Settlement of the Accounts of HallNew York Court of Appeals · 1900
  3. In re the Accounting of McDowellNew York Surrogate's Court · 1918
  4. Lawton v. LawtonAppellate Division of the Supreme Court of the State of New York · 1898
  5. Duncklee v. ButlerNew York Supreme Court · 1899

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3Cited by2 opinions

  1. In re the Construction of the Will of TaylorNew York Surrogate's Court · 1957
  2. In re the Accounting of CarpenterNew York Surrogate's Court · 1960

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