Legal Opinion

In re the Estate of Cox

New York Surrogate's Court

Decided February 5, 1976PublishedCited by 2 opinions

1Opinion of the Court

Evans V. Brewster, S.

In this uncontested accounting proceeding, a question has arisen with respect to the allowance of commissions.

Under Article Twelfth of decedent’s will, two trusts were created. Trust A was a standard marital deduction trust over which the wife was given a testamentary power of appointment. The balance of the residuary was placed in trust (Trust B), with all the net income therefrom payable to the wife. Upon her death, after providing for the payment of certain bequests from the principal, the remaining balance was to be held in further trust with all the net income to be…

2Cases cited7 opinions

  1. In Re the Accounting of WildNew York Court of Appeals · 1932
  2. In Re the Accounting of Bank of New YorkNew York Court of Appeals · 1945
  3. Leask v. BeachAppellate Division of the Supreme Court of the State of New York · 1916
  4. In re the Estate of FarollNew York Surrogate's Court · 1963
  5. In re the Accounting of Chase National BankAppellate Division of the Supreme Court of the State of New York · 1956

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

3Cited by2 opinions

  1. In re the Estate of LynchNew York Surrogate's Court · 1985
  2. In re the Accounting of Long Island Trust Co.New York Surrogate's Court · 1986

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