Legal Opinion
In re Lotz
New York Surrogate's Court
Decided December 15, 1915PublishedCited by 3 opinions
Proceeding upon the account of executors.
1Opinion of the Court
Ketcham, S.
The will which must be applied in this accounting presents a disorder so eccentric that no general purpose *380can be served by reproducing its terms for discussion. The best that the court can deduce from the instrument is that, containing much which cannot be understood, it has offered suggestions of an implied trust in the executors for the life and benefit of one of them, with remainder, and that this trust embraced in fact the whole estate. If this diffident conclusion be right, the questions which are presented in behalf of the infant child of a daughter of the testatrix will…
2Cases cited5 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Shangle v. HallockAppellate Division of the Supreme Court of the State of New York · 1896
- In re Accounting of MillerAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Judicial Settlement of the Account of BrownNew York Surrogate's Court · 1899
- Irlbacker v. . RothNew York Court of Appeals · 1898
3Cited by3 opinions
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Atchison v. FrancisSupreme Court of Iowa · 1917
- In re the Estate of DeakenNew York Surrogate's Court · 1932