Legal Opinion

In re the Estate of Carpenter

New York Surrogate's Court

Decided December 12, 1961Published

1Opinion of the Court

Joseph A. Cox, S.

In this proceeding for judicial settlement of the final account of the substituted trustee, the petitioner prays for a construction of paragraph Ninth of the will. The testator bequeathed a part of his residuary estate in trust for his daughter Lillian Carpenter Curtis to pay her the income for life and further provided: “ Upon the death of my said daughter, lillian carpenter curtis, I will and direct that the part or share held in trust for her be given absolutely to her lawful issue then living and divided equally among them. If she shall die leaving no lawful issue I will…

2Cases cited6 opinions

  1. Central Hanover Bank & Trust Co. v. PellNew York Court of Appeals · 1935
  2. In re the Appointment of an Ancillary Successor Trustee under the Will of GoodNew York Court of Appeals · 1952
  3. In Re the Accounting of RoeNew York Court of Appeals · 1924
  4. In re the Construction of the Will of DahlmanNew York Surrogate's Court · 1949
  5. In re the Construction of the Will of McCoonNew York Surrogate's Court · 1956

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