Legal Opinion

In re the Estate of Voice

New York Surrogate's Court

Decided May 17, 1962Published

1Opinion of the Court

John D. Bennett, S.

Three motions have been made in this estate.

The first motion, by order to show cause, seeks to reopen the trustees’ previous account and vacate the decree made thereon dated April 3, 1952.

The allegation made by the petitioners, committee of the incompetent remainderman of the trust, reveals that on January 24, 1952, when the now adjudicated incompetent was served in the proceeding sought to be opened, she was a patient at a private institution for the mentally ill. The further allegation is made that the trustees well knew that the incompetent was unable to manage her…

2Cases cited8 opinions

  1. Accounting of Parascandola v. National Surety Co.New York Court of Appeals · 1928
  2. In re the Estate of WitkindNew York Surrogate's Court · 1938
  3. Sun-Ray Cloak Co. v. Unity Cloak Co.Appellate Division of the Supreme Court of the State of New York · 1939
  4. In re the Judicial Settlement of the Account of KentAppellate Division of the Supreme Court of the State of New York · 1916
  5. In re the Estate of WeedNew York Surrogate's Court · 1919

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