Legal Opinion

In re Gunther

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1921PublishedCited by 2 opinions

Appeal by Caroline McCoon Gunther and others from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of January, 1921, appointing Robert Lee Morrell sole trustee of certain trusts created by the last will and testament of Cornelius- McCoon, deceased, as successor to Frederick W. Gunther, deceased, sole trustee, and also from an order entered in said clerk’s office on the 5th day of…

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Appeal by Caroline McCoon Gunther and others from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of January, 1921, appointing Robert Lee Morrell sole trustee of certain trusts created by the last will and testament of Cornelius- McCoon, deceased, as successor to Frederick W. Gunther, deceased, sole trustee, and also from an order entered in said clerk’s office on the 5th day of January, 1921, denying a motion for a reargument and to vacate said first order and for the appointment of the Guaranty…

1Opinion of the Court

Dowling, J.:

The testator, Cornelius McCoon, died on January 13, 1884, leaving a will and six codicils thereto. Thereunder certain trusts were created, including the one giving rise to this proceeding, which was set forth in the ,4th paragraph of the will, and was for the benefit of his daughter, Caroline Augusta McCoon, the petitioner herein, how known as Caroline McCoon Gunther, who is entitled to the income of the trust estate for life. The will and codicils were duly admitted to probate by the Surrogate’s Court of New York county on January 28, 1884. Thereunder four executors and trustees…

2Cases cited5 opinions

  1. Quackenboss v. . SouthwickNew York Court of Appeals · 1869
  2. In re MorganNew York Supreme Court · 1872
  3. Wildey v. RobinsonNew York Supreme Court · 1895
  4. Wetmore v. WetmoreAppellate Division of the Supreme Court of the State of New York · 1899
  5. Powers v. PowersAppellate Division of the Supreme Court of the State of New York · 1919

3Cited by2 opinions

  1. In re the Estate of EggswareNew York Surrogate's Court · 1924
  2. In re the Accounting of WebbNew York Supreme Court · 1957

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