Legal Opinion

In re the Estate of Beckwith

New York Surrogate's Court

Decided August 3, 1976PublishedCited by 2 opinions

1Opinion of the Court

John M. Keane, S.

The question before the court is simple. Did Louella Beckwith validly exercise the power to appoint the corpus of the marital deduction trust, with a value at the time the account was filed of $875,000, granted to her by paragraph "sixth” of the last will and testament of her husband, Hugh T. Beckwith?

A valid appointment will pass the corpus to four charities named in the residuary clause of her last will and testament. An ineffective appointment will pass the corpus to their daughter, Barbara Ann Moore, who was named the taker in default of a valid appointment.

The facts are…

2Cases cited4 opinions

  1. Farmers' Loan Trust Co. v. . MortimerNew York Court of Appeals · 1916
  2. Coleman v. . BeachNew York Court of Appeals · 1885
  3. In re the Estate of LewinNew York Surrogate's Court · 1966
  4. In re the Estate of LewinAppellate Division of the Supreme Court of the State of New York · 1967

3Cited by2 opinions

  1. People v. BrandtNew York Supreme Court · 1983
  2. In re the Estate of BeckwithAppellate Division of the Supreme Court of the State of New York · 1977

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