Legal Opinion
In re the Accounting of Foster
New York Surrogate's Court
Decided May 2, 1955PublishedCited by 4 opinions
1Opinion of the Court
McGrath, S.
In this accounting proceeding, the executor petitions for a construction of paragraph “ Fifth (a) ” of the will. The widow who is the sole distributee has invoked the provisions of section 17 of the Decedent Estate Law and in addition challenges the validity of the trust provided for in paragraph “ Fifth (a) ”. Both the Attorney-General representing indefinite and charitable beneficiaries and the charitable remainderman under paragraph “ Fifth (b) ” of the will, have interposed certain objections. The various points raised by the parties may be resolved into three questions. First,…
2Cases cited25 opinions
- In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- Butterworth v. . KeelerNew York Court of Appeals · 1916
- In re the Construction of the Will of PotterNew York Court of Appeals · 1954
- Eagan v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1930
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3Cited by4 opinions
- In re the Accounting of AddisonNew York Surrogate's Court · 1960
- In re the Accounting of WilsonNew York Surrogate's Court · 1959
- In re the Construction of the Will of BarbieriNew York Surrogate's Court · 1957
- In re the Estate of KaufmanNew York Surrogate's Court · 1961