Legal Opinion

In re the Accounting of Barry

New York Surrogate's Court

Decided December 19, 1947PublishedCited by 3 opinions

1Opinion of the Court

Taylor, S.

The fund here involved is ready for distribution, upon this accounting, and the substituted testamentary trustee has requested the court to construe the decedent’s will in order that proper distribution may be made.

Although the will is short, different and conflicting interpretations of it are earnestly urged. The two dispositive clauses are as follows:

“ First: I give, devise and bequeath all my estate, both real and personal, unto my executor hereinafter named, in trust, to hold and to invest the same and to pay the income therefrom semi-annually unto my wife for and during her…

2Cases cited8 opinions

  1. Gilliam v. . Guaranty Trust Co.New York Court of Appeals · 1906
  2. In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1923
  3. In Re the Will of KochNew York Court of Appeals · 1940
  4. In re the Accounting of MorrisseyNew York Surrogate's Court · 1947
  5. In re the Accounting of National City BankNew York Surrogate's Court · 1947

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re the Accounting of EganNew York Surrogate's Court · 1954
  2. In re the Accounting of Marine Midland Trust Co.New York Surrogate's Court · 1956
  3. In re the Accounting of BlyNew York Surrogate's Court · 1952

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