Legal Opinion

In re the Will of Pope

New York Surrogate's Court

Decided December 13, 1944PublishedCited by 2 opinions

1Opinion of the Court

Foley, S.

In this trustees’ accounting a construction of the will is sought to determine the validity and effect of the renunciation by one of the trustees of a power of appointment given to the trustees by the terms of the will. The testator died on January 23, 1942. In the second paragraph of his will he disposed of his residuary estate in trust to the Guaranty Trust Company of New York and his widow, Margaret M. Pope, for the benefit of the widow for life. In addition to the gift of income to the widow, the testator authorizes the trustees to invade the principal of the trust for her…

2Cases cited3 opinions

  1. Striker v. . DalyNew York Court of Appeals · 1918
  2. Merrill v. LynchNew York Supreme Court · 1939
  3. In re the Estate of BrettellNew York Surrogate's Court · 1941

3Cited by2 opinions

  1. In re the Revocation of a Trust between SchlusselNew York Supreme Court · 1949
  2. Chase National Bank v. ReedNew York Supreme Court · 1946

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