Legal Opinion
In re the Estate of Churchman
New York Surrogate's Court
Decided May 11, 1959Published
1Opinion of the Court
Joseph A. Cox, S.
The final paragraph of the Ninth Article of the will of the testatrix explicitly provides that title to the legacies directed to be paid from the residuary trust shall vest only at the death of the beneficiary upon whose life the trust was measured. Were it not for this explicit direction the legacies payable from the trust remainder would have vested in the named legatees upon the death of the testatrix and now would be payable to their legal representatives (Matter of Montgomery, 258 App. Div. 64, affd. 282 N. Y. 713; Matter of Evans, 165 Misc. 752, affd. 258 App. Div.…
2Cases cited8 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- In re National City BankAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Estate of EvansNew York Surrogate's Court · 1937
- In Re the Estate of MontgomeryNew York Court of Appeals · 1940
- In Re the Will of EvansNew York Court of Appeals · 1940
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