Legal Opinion

In re the Construction of the Will of Taylor

New York Surrogate's Court

Decided April 19, 1957PublishedCited by 3 opinions

1Opinion of the Court

Leon Schwebzmann, Jb., S.

The sole issue in this construction proceeding is whether the testatrix by her gift under Paragraph TWELFTH of the will “ in trust, to invest the same in good, interest hearing securities,” intended to limit the petitioner trustee’s investments thereunder to interest-bearing securities. I find that such was her intent, and that accordingly the trustee is precluded from investing the funds of this trust in such common stocks and other equities as are now permissible legal investments under section 21 of the Personal Property Law.

The testatrix died on April 4, 1934. Her…

2Cases cited20 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  3. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
  4. In re the Accounting of KroossNew York Court of Appeals · 1951
  5. Morris v. . SicklyNew York Court of Appeals · 1892

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3Cited by3 opinions

  1. In re the Estate of GibsonNew York Surrogate's Court · 1965
  2. In re the Estate of MigelNew York Surrogate's Court · 1972
  3. In re the Accounting of CarpenterNew York Surrogate's Court · 1960

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