Legal Opinion
In re the Estate of Lynch
New York Surrogate's Court
Decided September 9, 1985PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
The right of the trustee of this pre-1956 trust to receive paying-out commissions has been raised by the guardian ad litem (SCPA 2308 [1]).
Testator Edmund Lynch died in 1938. Under article third of his will, he created a trust for the life income benefit of his wife. Upon the wife’s death, the principal of her trust was to be used to fund subtrusts for his children then living, with principal to be paid to the children as they attained age 35. However, the wife was given a testamentary power to change the direction in the will by either appointing the…
2Cases cited15 opinions
- In Re the Accounting of WildNew York Court of Appeals · 1932
- In Re the Accounting of Bank of New YorkNew York Court of Appeals · 1945
- Leask v. BeachAppellate Division of the Supreme Court of the State of New York · 1916
- In Re the Accounting of JohnsonNew York Court of Appeals · 1902
- In re the Estate of SaphirNew York Surrogate's Court · 1973
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3Cited by2 opinions
- In re the Accounting of Long Island Trust Co.New York Surrogate's Court · 1986
- Wheeler v. DeYoungDistrict Court, S.D. New York · 2021