In re the Estate of Barnett
New York Surrogate's Court
1Opinion of the Court
S. Samuel Di Falco, S.
In this proceeding to settle the trustee’s account objections have been filed by remaindermen and by the assignees of said remaindermen with respect to an alleged unauthorized invasion of the trust principal allegedly made by the trustee on behalf of the life beneficiary. The facts briefly stated are these. The testator by his will created a trust for his wife with directions that the income of such trust be paid over to his wife during her lifetime or until she should remarry. There is no power or authority contained in the will permitting an invasion of the trust…
2Cases cited5 opinions
- Matter of WentworthNew York Court of Appeals · 1920
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Metcalfe v. . Union Trust Co.New York Court of Appeals · 1905
- In re SullardAppellate Division of the Supreme Court of the State of New York · 1936
- In re RennNew York Supreme Court · 1941