Legal Opinion

Benjamin v. Morgan Guaranty Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1990PublishedCited by 8 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Carol E. Huff, J.), entered June 6, 1989, inter alia, granting a motion by defendant, pursuant to CPLR 3211 (a) (5), dismissing the complaint, unanimously reversed, on the law and facts, the complaint reinstated and the motion denied, without costs.

Plaintiffs-appellants (the Benjamins) are descendants of Henry Rogers Benjamin (Benjamin) and his first wife. Benjamin died in 1967 and his will was admitted to probate on March 13, 1967. His will directed that approximately $6 million, one half of his residuary estate, be placed in trust for the benefit of…

2Cases cited7 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
  3. Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
  4. Karasik v. BirdAppellate Division of the Supreme Court of the State of New York · 1984
  5. In Re the Will of CarrollNew York Court of Appeals · 1937

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Benjamin v. Morgan Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1991
  2. In re the Estate of MorseNew York Surrogate's Court · 1998
  3. In re the Estate of EpsteinAppellate Division of the Supreme Court of the State of New York · 2000
  4. In re SvenningsenAppellate Division of the Supreme Court of the State of New York · 2013
  5. Benjamin v. Morgan Guaranty Trust Co.New York Surrogate's Court · 1992

3 more not listed; retrieve them via the Exa API.

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