Legal Opinion

In re the Estate of Delafield

New York Surrogate's Court

Decided January 27, 1932PublishedCited by 5 opinions

1Opinion of the Court

Taylor, S.

The first question to be determined, taking them in the order set out in the petition, is whether paragraph “ fourthly ” of the will authorizes the executors' to distribute in kind a large number of shares of stock of the Chase National Bank and the Chase Securities Corporation, the major asset of the estate, pro rata among the legatees entitled thereto, in trust or otherwise, without a sale thereof, and to sell fractional shares incapable of distribution and to distribute the proceeds of such sale.

The 4th paragraph provides, in part, “The proceeds of such sale [referring to real…

2Cases cited13 opinions

  1. Robinson v. . MartinNew York Court of Appeals · 1910
  2. Matter of Accounting of BensonNew York Court of Appeals · 1884
  3. In Re the Accounting of NelsonNew York Court of Appeals · 1924
  4. Weeks v. . CornwellNew York Court of Appeals · 1887
  5. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1925

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re the Estate of MawhinneyNew York Surrogate's Court · 1932
  2. In re the Final Accounting of Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1960
  3. In re the Estate of RohrNew York Surrogate's Court · 1932
  4. In re the Estate of VoelkerNew York Surrogate's Court · 1935
  5. In re the Estate of LeonardNew York Surrogate's Court · 1950

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