Legal Opinion

In re the Estate of Draper

New York Surrogate's Court

Decided October 25, 1963Published

1Opinion of the Court

Pierson R. Hildreth, S.

This is an accounting proceeding in which the trustee also requests a construction of paragraph “ Fifth ” of the will in order to determine the persons entitled to the trust assets now distributable after the death of the income beneficiary.

Testatrix died January 10, 1914 leaving a will which was admitted to probate April 15, 1914. By paragraph “ Fourth ” of her will she left her residuary estate in trust, and in substance provided that income be payable to a grandnephew for life, and upon his death that the trust be distributed to such of his children or their issue in…

2Cases cited6 opinions

  1. Clark v. . CammannNew York Court of Appeals · 1899
  2. In Re the Will of BumpNew York Court of Appeals · 1922
  3. In re the Judicial Settlement of the Account of Proceedings of Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1925
  4. In Re the Accounting of LyonNew York Court of Appeals · 1939
  5. Wadsworth v. . MurrayNew York Court of Appeals · 1900

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