Legal Opinion

In re the Appointment of a Successor Trustee of the Trust under the Will of Phipps

New York Court of Appeals

Decided November 16, 1956PublishedCited by 15 opinions

1Opinion of the CourtFuld, J.

Edward L’E Phipps died in December of 1947. In his will, he made a number of bequests, created a trust of certain real property in the City of Mount Vernon and left his residuary estate to his wife Coralie. More specifically, by Paragraph Fourteenth, he gave and devised to his “ Executors and (or) Trustees hereinafter named, in trust,” the Mount Vernon property “ to keep and manage * * * and to receive the rents * * * therefrom, and * * * to pay the net income thereof to the use ” of his wife for life; upon her death, the trustees were directed to pay such income to his brothers, William and…

2Cases cited13 opinions

  1. Woodward v. . JamesNew York Court of Appeals · 1889
  2. Greene v. . GreeneNew York Court of Appeals · 1891
  3. Losey v. . StanleyNew York Court of Appeals · 1895
  4. Rogers v. . RogersNew York Court of Appeals · 1888
  5. Rose v. . HatchNew York Court of Appeals · 1891

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3Cited by15 opinions

  1. United States v. Sun Myung Moon and Takeru KamiyamaCourt of Appeals for the Second Circuit · 1983
  2. National Superlease, Inc. v. Reliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
  3. Smith v. FrancisSupreme Court of Georgia · 1965
  4. Strong v. Page (In Re Page)United States Bankruptcy Court, W.D. Michigan · 1999
  5. In re the Estate of SacklerNew York Surrogate's Court · 1989

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