Legal Opinion

In re the Judicial Settlement of the Account of Proceedings of Tod

Appellate Division of the Supreme Court of the State of New York

Decided November 1, 1940PublishedCited by 1 opinion

1Opinion of the CourtCohn, J.

This is an appeal from a decree of the Surrogate’s Court of New York County, construing the last will and testament of John Kennedy Tod, deceased, and settling the final account of proceedings of Robert E. Tod and Central Hanover Bank and Trust Company as trustees under the will.

The sole question presented concerns the extent to which the principal of a testamentary trust should have been invaded in order to make payments to the life beneficiary.

John Kennedy Tod, the testator, died on June 2, 1925, leaving a will and three codicils which were admitted to probate. He was survived by his widow,…

2Cases cited6 opinions

Tillman v. . OgrenNew York Court of Appeals · 1920
In Re the Accounting of SilsbyNew York Court of Appeals · 1920
Clay v. . WoodNew York Court of Appeals · 1897
In Re the Accounting of StevensNew York Court of Appeals · 1907
In re the Estate of ClarkeNew York Surrogate's Court · 1936

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

In re the Construction of the Will of MalloukNew York Surrogate's Court · 1949