Legal Opinion

In re the Estate of Miller

New York Surrogate's Court

Decided July 24, 1972PublishedCited by 1 opinion

1Opinion of the Court

Nathast B. Sobel, S.

In creating a discretionary trust consisting of her entire estate for her daughter Edna M. Kennedy, this is what testatrix Mrs. Miller said: “ during the lifetime of my said daughter Edna M. Kennedy, I authorize and empower my trustee from time to time to make such payments from the principal of said trust to my daughter Edna M. Kennedy as my said trustee in its sole and unreviewable discretion may determine to be necessary to meet any expenses of illness or to meet any other need of my said daughter * * * In determining whether to make payments out of principal to my said…

2Cases cited4 opinions

  1. Matter of WentworthNew York Court of Appeals · 1920
  2. In re the Estate of FrayerNew York Surrogate's Court · 1935
  3. In re the Estate of de AcostaNew York Surrogate's Court · 1963
  4. In re the Judicial Settlement of the Account of Proceedings of Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935

3Cited by1 opinion

  1. In re the Estate of BrowningNew York Surrogate's Court · 1974

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