Legal Opinion

In re the Estate of Calabi

New York Surrogate's Court

Decided December 22, 1959Published

1Opinion of the Court

S. Samuel Di Falco, S.

In this proceeding to judicially settle his account the executor has requested construction of paragraph Eleventh of the decedent’s will and instructions as to the date from which income payments were due under paragraphs Twelfth and Thirteenth of the decedent’s will.

Under paragraph Eleventh of his will the testator directed that the rest, residue and remainder of his estate be divided into four parts denominated as “ Trust A ” and “ Trust B ”, “ Trust G ” and “ Trust D ”. “ Trust A ” was to consist of four twelfths of the decedent’s residuary estate, “Trust B ” was to…

2Cases cited9 opinions

  1. Tilden v. . GreenNew York Court of Appeals · 1891
  2. Wright v. . WrightNew York Court of Appeals · 1919
  3. Matter of StanfieldNew York Court of Appeals · 1892
  4. Masterson v. . TownshendNew York Court of Appeals · 1890
  5. In re SelnerAppellate Division of the Supreme Court of the State of New York · 1941

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