Legal Opinion

In re the Estate of Caldwell

New York Surrogate's Court

Decided January 29, 1957PublishedCited by 2 opinions

1Opinion of the Court

S. Samuel Di Falco, S.

The petitioner, as the executor under the testator’s will and as the trustee of the trust created by the nineteenth article of that instrument, is accounting in both of these capacities and requests a construction of the nineteenth article, authority to abandon certain securities which he deems to be worthless and for directions respecting the payment of income taxes. Objections interposed to the account raise construction issues in respect of the fifth and twenty-third articles of the will.

The nineteenth article of the will created two trusts. The portions of that…

2Cases cited13 opinions

  1. Matter of HoffmanNew York Court of Appeals · 1911
  2. In Re the Accounting of National Bank & Trust Co.New York Court of Appeals · 1931
  3. Gardner v. PrintupNew York Supreme Court · 1847
  4. Rogers v. . RogersNew York Court of Appeals · 1897
  5. In re the Accounting of deVaronaAppellate Division of the Supreme Court of the State of New York · 1948

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3Cited by2 opinions

  1. In re the Estate of BoernerNew York Surrogate's Court · 1968
  2. In re the Estate of WallaceNew York Surrogate's Court · 1976

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