Legal Opinion

In re the Estate of Dows

New York Surrogate's Court

Decided January 10, 1966Published

1Opinion of the Court

John D. Bennett, S.

This is a construction proceeding to determine who is entitled to the corpus of a trust created by the testatrix.

Under article “ Fourth ”, paragraph “ B ” of the decedent’s will, she created a trust for the benefit of her son, David Dows, Jr., wherein he was entitled to the income therefrom for life and one half of the principal upon reaching age 35. The remaining one half of the principal was to remain in trust for his life and upon his death to be distributed to those nominated, designated and appointed by her son and on his failure to validly and *832effectively appoint, she…

2Cases cited6 opinions

  1. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  2. Newell v. . NicholsNew York Court of Appeals · 1878
  3. St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
  4. In re the Judicial Settlement of the Account of McInnesAppellate Division of the Supreme Court of the State of New York · 1907
  5. In re the Estate of ConoverNew York Surrogate's Court · 1965

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