Legal Opinion
In re the Estate of Tietz
New York Surrogate's Court
Decided June 13, 1963PublishedCited by 2 opinions
1Opinion of the Court
Pierson R. Hildreth, S.
In this construction proceeding the executor requests a determination of the meaning of articles “ fourth ” and “ seventh ” of decedent’s will. It appears that the executor is in doubt as to whether a valid trust is created by the will, and if there is a valid trust, whether the income beneficiary of the trust must survive to age 40 in order to take the remainder upon termination of the trust.
The testatrix died July 2, 1962, survived by her mother and a sister as her sole distributees. She was also survived by a niece, who was then 23 years old, and is still living, and…
2Cases cited9 opinions
- Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
- Cammann v. . BaileyNew York Court of Appeals · 1913
- In Re the Will of ChalmersNew York Court of Appeals · 1934
- Matter of Reed v. BrowneNew York Court of Appeals · 1946
- Felter v. AckersonAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by2 opinions
- In re the Construction of the Will of FiscusAppellate Division of the Supreme Court of the State of New York · 1974
- In re the Estate of SzabadosNew York Surrogate's Court · 1963