Legal Opinion
In re the Estate of Brettell
New York Surrogate's Court
Decided July 1, 1941PublishedCited by 3 opinions
1Opinion of the Court
Foley, S.
The trustee in this proceeding applies for a construction of the will.
The first question involves the scope of the power, authority and discretion vested in the trustee and specifically whether the functions conferred upon the three original trustees by the terms of the will are exercisable by the sole trustee.
The testator directed the creation of a residuary trust with instructions to pay the net income to his brother, Charles F. Brettell. He authorized the trustees to advance from the principal or corpus of the trust such amounts “ as shall be necessary and needful for his well…
2Cases cited7 opinions
- Ireland v. . IrelandNew York Court of Appeals · 1881
- In re the Estate of HaydenNew York Surrogate's Court · 1939
- In Re the Will of LibermanNew York Court of Appeals · 1939
- In re HiltonAppellate Division of the Supreme Court of the State of New York · 1916
- Smith v. . FloydNew York Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Will of PopeNew York Surrogate's Court · 1944
- In re the Estate of GeffenNew York Surrogate's Court · 1960
- In re the Estate of LifschutzNew York Surrogate's Court · 1961