Legal Opinion

In re the Estate of Fishel

New York Surrogate's Court

Decided March 29, 1938PublishedCited by 20 opinions

1Opinion of the Court

Foley, S.

A construction of the will is sought in this trustee’s accounting. Objections to the account have also been filed. The testator died in 1903 and by his will created a trust of all his residuary estate. The income from the trust is directed by the will to be paid to the widow during her life. Upon the death of the widow a further trust was provided for during the life of the testator’s son Mark. The will provides that the trust is to terminate upon the death of the son Mark, and directs distribution of the remainder in the following language: “ Upon his death after the death of my…

2Cases cited5 opinions

  1. New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
  2. Salter v. . DrowneNew York Court of Appeals · 1912
  3. In re the Estate of HookNew York Surrogate's Court · 1935
  4. In re the Estate of GarrisonNew York Surrogate's Court · 1934
  5. In re the Judicial Settlement of the Account of Proceedings of Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1936

3Cited by20 opinions

  1. In re the Construction of the Will of AstorNew York Surrogate's Court · 1957
  2. In re PattersonNew York Surrogate's Court · 1965
  3. In re the Accounting of CrossAppellate Division of the Supreme Court of the State of New York · 1956
  4. In re the Estate of PelhamNew York Surrogate's Court · 1970
  5. In re the Accounting of MorrisseyNew York Surrogate's Court · 1947

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