Legal Opinion

In re the Estate of Schlinger

New York Surrogate's Court

Decided November 9, 1965PublishedCited by 3 opinions

1Opinion of the Court

Harry G. Herman, S.

The surviving spouse of the decedent has instituted this proceeding for a construction of the will pursuant to section 145 of the Surrogate’s Court Act, and for a determination pursuant to section 145-a thereof, as to the validity of a notice of election and recorded pursuant to section 18 of the Decedent Estate Law.

The sole question presented for determination is whether or not a trust under the will of testator with the net income payable to petitioner during her lifetime meets the requirements of section 18 of the Decedent Estate Law, by reason of the testamentary…

2Cases cited4 opinions

  1. Matter of ByrnesNew York Court of Appeals · 1933
  2. In Re the Accounting of Central Union Trust Co.New York Court of Appeals · 1924
  3. In re the Estate of WatsonNew York Surrogate's Court · 1932
  4. In re Judicial Settlement of the Account of Proceedings of the United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933

3Cited by3 opinions

  1. Hedrick v. West One BankIdaho Supreme Court · 1993
  2. In re the Estate of SchlingerNew York Surrogate's Court · 1965
  3. In re the Accounting of PanishAppellate Division of the Supreme Court of the State of New York · 1968

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