Legal Opinion

In re the Judicial Settlement of the Account of Kings County Trust Co.

New York Surrogate's Court

Decided June 15, 1910Published

Proceeding upon the judicial settlement of an executor.

1Opinion of the Court

Ketcham, S.

There was a gift in trust of $32,000, to pay the income thereof to the widow “ for and during her natural life.”

While, practically, a trust fund may not be released from the burdens of administration until the expiration of a year or more after the grant of letters, yet in the vision of the law the trust is in progress from the testator’s death, unless a con*554trary intent is apparent in the will. If this were not so, the time when the income should become payable would be subject to the caprice or neglect of executors or casual delays in the' probate.

■ Hence, the income which accrues…

2Cases cited3 opinions

  1. Matter of StanfieldNew York Court of Appeals · 1892
  2. Bank of Niagara v. TalbotAppellate Division of the Supreme Court of the State of New York · 1906
  3. In re the Judicial Settlement of the Account of HarrisNew York Surrogate's Court · 1908

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