Legal Opinion

Auerbach v. Samuels

Utah Supreme Court

Decided July 20, 1959No. 8979PublishedCited by 7 opinions

1Opinion of the Court

C ALLIS TER, Justice.

Appeal from a ruling of the lower court construing the will of the late Frederick S. Auerbach. The ruling was made upon motions for summary judgment by each party.

Appellants are the surviving sisters of the deceased. Respondents Fannie F. A. Samuels -(Widow of deceased and since remarried) and Frederick Fox Auerbach (decedent’s son) are trustees and beneficiaries under the will. Respondents L. R. Samuels (Fannie’s present husband) and Walker Bank and Trust Company are trustees under the will, having been nominated by Fannie F. A. Samuels pursuant to a power given her in…

2Cases cited5 opinions

  1. First Wisconsin Trust Co. v. HamburgerWisconsin Supreme Court · 1924
  2. Hills v. Travelers Bank & Trust Co.Supreme Court of Connecticut · 1939
  3. Bennett v. Fidelity Union Trust Co.New Jersey Superior Court Appellate Division · 1938
  4. Equitable Trust Co. v. ProctorCourt of Chancery of Delaware · 1943
  5. Simpkins v. SimpkinsNew Jersey Court of Chancery · 1942

3Cited by7 opinions

  1. Matter of Estate of HomburgMississippi Supreme Court · 1997
  2. Matter of Estate of GardnerUtah Supreme Court · 1980
  3. Mississippi State University Foundation, Inc. v. ClarkMississippi Supreme Court · 1997
  4. Auerbach v. SamuelsUtah Supreme Court · 1959
  5. Matter of Estate of HuntUtah Supreme Court · 1992

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