Legal Opinion

In re the Estate of Moller

New York Surrogate's Court

Decided November 14, 1935PublishedCited by 1 opinion

1Opinion of the Court

Delehanty, S.

The will of deceased set up a trust for the benefit of his son. The trustee has regularly been in receipt of income exceeding $10,000 annually which heretofore it paid over to deceased’s son. The son married and has as issue of that marriage twin children now thirteen years of age. By a decree of divorce dated January 8, 1934, the marriage was terminated and the custody of the children given to the mother except for one month yearly.

The former wife of deceased’s son now petitions this court for a direction to the trustee to pay to her directly the income from the trust fund to…

2Cases cited5 opinions

  1. Wetmore v. . WetmoreNew York Court of Appeals · 1896
  2. Babcock v. BabcockNew York Supreme Court · 1933
  3. Hoagland v. LeaskAppellate Division of the Supreme Court of the State of New York · 1912
  4. Babcock v. BabcockNew York Court of Appeals · 1934
  5. In re the Estate of ScottNew York Surrogate's Court · 1928

3Cited by1 opinion

  1. In re the Estate of LittauerAppellate Division of the Supreme Court of the State of New York · 1954

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