Legal Opinion
In re the Estate of Cotheal
New York Surrogate's Court
Decided November 15, 1923PublishedCited by 8 opinions
1Opinion of the Court
O’Brien, S.
In this trustees’ accounting a question of the proper construction of the word “ issue ” as used in the gift of the remainder after the death of the life beneficiary is presented for decision.
The will, so far as material to the determination of this question, creates a trust for the fife of Ellen L. Nisbett. Upon her death it is directed that “ the principal of the fund so held in trust for her shall be divided equally among her issue, share and share alike, the issue of any deceased child to take the share their parent would have been entitled to if living.”
The fife beneficiary…
2Cases cited4 opinions
- In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- In re the Estate of HoytNew York Surrogate's Court · 1923
- In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.New York Surrogate's Court · 1913
3Cited by8 opinions
- In re the Estate of MarshNew York Surrogate's Court · 1932
- In re the Accounting of BaurNew York Surrogate's Court · 1954
- In re the Accounting of ThorneNew York Supreme Court · 1957
- In re the Estate of CuddebackNew York Surrogate's Court · 1940
- In re the Second & Final Accounting of Hanover BankNew York Surrogate's Court · 1958
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