Legal Opinion

In re the Accounting of Adrian

New York Surrogate's Court

Decided May 28, 1957PublishedCited by 4 opinions

1Opinion of the Court

W. Newcomb Calter, S.

The decedent died on April 13, 1921, leaving a will dated January 7, 1916, which was duly admitted to probate by this court on April 28, 1921. In connection with this final accounting, the substituted trustees of the trust in question request a construction of that portion of the decedent’s will under which this trust was created. Article Fourth of the will divided the residuary estate of the testator into a number of shares, exceeding by one the number of children surviving him. One of such shares was to be held in trust for the decedent’s son, Frank Joseph Thibaut. He…

2Cases cited10 opinions

  1. Baer v. HendricksNew York Court of Appeals · 1895
  2. New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
  3. In Re the Will of BumpNew York Court of Appeals · 1922
  4. Delaney v. . McCormackNew York Court of Appeals · 1882
  5. Salter v. . DrowneNew York Court of Appeals · 1912

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3Cited by4 opinions

  1. In re the Accounting of Chase Manhattan BankNew York Supreme Court · 1958
  2. In re the Estate of SmithNew York Surrogate's Court · 1964
  3. In re the Estate of PotterNew York Surrogate's Court · 1971
  4. In re the Will of PowersNew York Surrogate's Court · 1960

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