Legal Opinion

In re the Accounting of City Bank Farmers Trust Co.

New York Surrogate's Court

Decided February 16, 1949PublishedCited by 1 opinion

1Opinion of the Court

Boylan, S.

In this accounting proceeding the trustee has requested the court to construe the fifth paragraph of the last will and testament of Robert H. Benary, who died May 25, 1927, and determine whether the word “ issue ” as used in the fifth paragraph means “ per stirpes ” or “ per capita ”. The trustee also requests instructions as to the disposition of certain stock dividends.

By the fifth paragraph of his will the decedent created a trust for the benefit of his daughters, Cathrin Mazza and Sadie B. Quinn. Cathrin Mazza died on August 1, 1947, leaving her surviving two daughters, Loretta…

2Cases cited8 opinions

Robinson v. . MartinNew York Court of Appeals · 1910
In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
Mullarky v. . SullivanNew York Court of Appeals · 1892
In Re the Judicial Settlement of the Account of RogersNew York Court of Appeals · 1899
City Bank Farmers Trust Co. v. ErnstNew York Court of Appeals · 1934

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3Cited by1 opinion

In re Bankers Trust Co.New York Supreme Court · 1957