Legal Opinion
In re Matter the Estate of Lyons
New York Surrogate's Court
Decided June 5, 1959Published
1Opinion of the Court
S. Samuel Di Falco, S.
The remaining objections to the account in this matter (see 13 Misc 2d 287) raise the following(1) Has the accounting trustee properly exercised his discretion in the allocation of all stock dividends to principal pursuant to paragraph Fifteenth of decedent’s will?(2) Has the accounting trustee properly exercised his discretion in refusing to invade the principal of the trust as two issues:
requested by his cotrustee, the life beneficiary of the said trust?
A decision as to the first question requires construction of subdivision F of paragraph Fifteenth of the decedent’s…
2Cases cited11 opinions
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
- Rogers v. . RogersNew York Court of Appeals · 1888
- In re the Estate of HaydenNew York Surrogate's Court · 1939
- In re the Accounting of BankAppellate Division of the Supreme Court of the State of New York · 1952
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