Legal Opinion
In re the Estate of McMurtry
New York Surrogate's Court
Decided August 2, 1971PublishedCited by 4 opinions
1Opinion of the Court
S. Samuel Di Falco, S.
In this final accounting of the trustee the court is asked to determine whether the power to appoint the cotpus of the trust was validly and effectively exercised. *554The testator died in 1915. In the paragraph of the will marked “Sixthly”, he created separate trusts, constituted as therein prescribed, for the benefit of his sons, George, Alden and Edward. The trust for Edward is the one now before the court. The will directs the trustee to pay the income to Edward “ so long as he shall live, and upon his death to pay, transfer and make over the principal of that share or…
2Cases cited7 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
- Schenectady Trust Co. v. EmmonsAppellate Division of the Supreme Court of the State of New York · 1941
- Schenectady Trust Company v. EmmonsNew York Court of Appeals · 1941
- Equitable Trust Co. v. PrattNew York Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Reno v. RenoWyoming Supreme Court · 1981
- In re the Accounting of Irving Trust CompanyNew York Supreme Court · 1985
- In re the Trusts Created by ChappellNew York Surrogate's Court · 2009
- Reno v. RenoWyoming Supreme Court · 1981