Legal Opinion
In re the Final Accounting of Nordlinger
New York Supreme Court
Decided April 14, 1948PublishedCited by 6 opinions
1Opinion of the CourtBernard Botein, J.
The interdiction against the suspension of the absolute power of alienation for more than two lives in being (Personal Property Law, § 11; Real Property Law, § 42) continues to present perplexing problems.
In 1925 Martha Herman (later Heller) established an inter vivos trust, with income therefrom payable to her for life together with a right, at her option, to invade principal to the extent necessary to yield $40,000 per year and a limited right, subject to approval by others, to obtain payment of a part of the principal at the grantor’s request. These provisions for the invasion of the…
2Cases cited16 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Kalish v. . KalishNew York Court of Appeals · 1901
- Fargo v. . SquiersNew York Court of Appeals · 1897
- In re HornidgeNew York Surrogate's Court · 1929
- Hirsch v. BuckiAppellate Division of the Supreme Court of the State of New York · 1914
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3Cited by6 opinions
- In re WrenNew York Supreme Court · 1959
- Fitzpatrick v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 2001
- Fitzpatrick v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 2001
- In re the Accounting of Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1958
- In re the Accounting of OsbornAppellate Division of the Supreme Court of the State of New York · 1963
1 more not listed; retrieve them via the Exa API.