Legal Opinion
In Re the Will of McManus
New York Court of Appeals
Decided April 16, 1940PublishedCited by 19 opinions
1Opinion of the CourtLewis, J.
We are to determine whether an express stipulation against apportionment, under section 204 of the Surrogate’s Court Act, is present in the following clause of the will of Ellen C. McManus, deceased:
“ The remaining one of said equal one-twelfth parts, I give, devise and bequeath to my executors hereinafter named or their successors in trust nevertheless, to receive, hold, manage, invest, re-invest and keep invested, to collect and receive the income therefrom and after deducting the necessary and proper charges and expenses of this trust to pay the net income thereof to my grand nephew Edward…
2Cases cited8 opinions
- In Re the Will of ChapalNew York Court of Appeals · 1936
- In Re the Accounting of HaleNew York Court of Appeals · 1931
- Haberman v. . BakerNew York Court of Appeals · 1891
- Lockman v. . ReillyNew York Court of Appeals · 1884
- In Re the Accounting of Central Union Trust Co.New York Court of Appeals · 1924
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In re the Accounting of Lincoln Rochester Trust Co.New York Surrogate's Court · 1948
- Gloria M. Packard Polt, Estate of Robert L. Dula, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1956
- Coachman v. CommissionerUnited States Tax Court · 1951
- In re the Estate of SanfordNew York Surrogate's Court · 1957
- In re the Estate of SernauNew York Surrogate's Court · 1962
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