Legal Opinion
In re the Trust Under Agreement of Gallet
New York Surrogate's Court
Decided April 30, 2003PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Eve Preminger, S.
In this accounting proceeding, the trustee of decedent’s irrev*304ocable inter vivos trust seeks advice and direction permitting him to pay one of the debts of decedent’s estate, a debt owing to his surviving wife. The trustee’s claim of authority to pay the debt rests on a provision in the trust agreement that gives him discretionary power to pay estate debts if probate assets are insufficient. The court concludes that payment of the debt would be permissible only to the extent that the trust assets are otherwise reachable by creditors. Because the court…
2Cases cited7 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Schutz v. . MoretteNew York Court of Appeals · 1895
- In re the Accounting of GranwellNew York Court of Appeals · 1967
- In re the Accounting of United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1965
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Commerce Bank, N.A. v. BolanderCourt of Appeals of Kansas · 2007
- In re the Estate of KingNew York Surrogate's Court · 2003
- In Re FOWLER ESTATE; In Re FOWLER TRUSTMichigan Supreme Court · 2026