Legal Opinion

In re the Accounting of Schlanger

New York Surrogate's Court

Decided May 6, 1954PublishedCited by 2 opinions

1Opinion of the Court

Rubenstein, S.

As an incident to an executor’s intermediate accounting a construction is required to determine the payments to be made for the maintenance of the former marital residence; and, if under the provisions of article ‘ ‘ Third ’ ’ of the codicil the designation of an executor contemplated his appointment as a trustee. In article “ Sixteenth-g ” of this will, the testator provided for payment of “ the following-expenses in connection with her dwelling * * * such as

land taxes, gas, electric and repair bills and the insurance premiums ” (emphasis supplied), while in article “…

2Cases cited7 opinions

  1. Williams v. . JonesNew York Court of Appeals · 1901
  2. Thurber v. . ChambersNew York Court of Appeals · 1876
  3. Brooklyn Union Gas Co. v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1945
  4. Matter of Brooklyn Union Gas Company v. JosephNew York Court of Appeals · 1948
  5. American Smelting & Refining Co. v. StettenheimAppellate Division of the Supreme Court of the State of New York · 1917

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3Cited by2 opinions

  1. Mardian Construction Co. v. Superior CourtArizona Supreme Court · 1976
  2. Atlas Steel, Inc. v. Utah State Tax CommissionUtah Supreme Court · 2002

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