Legal Opinion
In re Akin's Estate
New York Surrogate's Court
Decided February 20, 1914PublishedCited by 3 opinions
Judicial settlement of the estate of Sarah Akin. Petition by Oscar Clark Miller for an order directing Albro Akin and Aymar Sands, trustees under the will, to pay over to petitioner the entire income of the trust fund. Denied.
1Opinion of the Court
FOWLER, S.
This is a proceeding under section 2804 of the Code of Civil Procedure. The petitioner, Oscar Clark Miller, alleges that he is a legatee and beneficiary named in the codicil of the last will and testament of Sarah Akin, deceased, that he is entitled to the entire income of the trust fund mentioned in the said codicil, and he asks the surrogate to direct the trustees to pay the said income to him. The codicil referred to reads as follows:
“I give and bequeath to my trustees the sum of twenty-five thousand dollars ($25,000), to have and to hold the same for the following uses and…
2Cases cited3 opinions
- Hurlburt v. . DurantNew York Court of Appeals · 1882
- In re Odell's EstateNew York Supreme Court · 1889
- In re the Estate of RobinsonAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by3 opinions
- In re HiltonAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Estate of CowenNew York Surrogate's Court · 1933
- In re Akin's EstateAppellate Division of the Supreme Court of the State of New York · 1914