Legal Opinion

In re the Estate of Moss

New York Surrogate's Court

Decided June 21, 1930Published

1Opinion of the Court

Henderson, S.

The objection of the special guardian to the payment of $7,720.20 to the accounting executors “ as trustees ” for his infant ward, Sylvia Moss, requires a determination as to whether the decedent created in his will a formal trust for her benefit or whether he made her an absolute gift. The will, in so far as is now material, reads as follows:

“ Sixth. All the rest, residue and remainder of my estate is to be divided into three equal parts to be disposed of as follows: * * *
“ I give, devise and bequeath one of such equal parts to my beloved daughter, Sylvia Moss, to be held in…

2Cases cited9 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Holland v. . AlcockNew York Court of Appeals · 1888
  3. Greene v. . GreeneNew York Court of Appeals · 1891
  4. Brown v. . KnappNew York Court of Appeals · 1879
  5. Bliven v. . SeymourNew York Court of Appeals · 1882

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