Legal Opinion

In re the Estate of Villard

New York Surrogate's Court

Decided April 28, 1933PublishedCited by 5 opinions

1Opinion of the Court

Slater, S.

The testatrix executed her will on June 20, 1924, and a codicil thereto on September 17, 1927. She died on July 5, 1928. We are concerned with the fifth paragraph of the will which creates a trust for $50,000 for the daughter-in-law, Mariquita Serrano Villard, during the term of her life, the trustee to pay over the net income to the beneficiary and, upon her death, to pay over the capital pursuant to her power of appointment by will, and, in the event of failure to do so, to distribute it among her children and the issue of any deceased child.

The trust corpus has been set up and…

2Cases cited18 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. In Re the Accounting of OsborneNew York Court of Appeals · 1913
  3. McLouth v. . HuntNew York Court of Appeals · 1897
  4. United States Trust Co. v. . HeyeNew York Court of Appeals · 1918
  5. In Re the Estate of GreenbergNew York Court of Appeals · 1933

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3Cited by5 opinions

  1. In re the Accounting of BankAppellate Division of the Supreme Court of the State of New York · 1952
  2. In re the Estate of HertsNew York Surrogate's Court · 1937
  3. In re the Accounting of National City Bank of TroyNew York Surrogate's Court · 1953
  4. In re the Estate of VillardNew York Surrogate's Court · 1941
  5. In re the Estate of RyanNew York Surrogate's Court · 1942

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