Legal Opinion

In re the Estate of Kelly

New York Surrogate's Court

Decided October 9, 1933Published

1Opinion of the Court

Wingate, S.

The petition herein makes a satisfactory showing under section 17 of the Personal Property Law that the infant herein is “ destitute of * * * sufficient means of support or education ” other than the accumulations of the trust fund under her grandfather’s will in which she has a contingently vested interest. It follows, therefore, that the court has a discretionary power to authorize payments from such accumulations for this purpose, in spite of the fact that her interest therein may be divested by her death prior to the attainment of her majority. (Matter of Wagner, 81 App. Div.…

2Cases cited2 opinions

  1. In re WagnerAppellate Division of the Supreme Court of the State of New York · 1903
  2. In re the Estate of KingNew York Surrogate's Court · 1923

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