Legal Opinion

In re the Accounting of Gattermeyer

New York Surrogate's Court

Decided June 22, 1943Published

1Opinion of the Court

Henderson, S.

The will of the testatrix was admitted to prohate on the 19th day of January, 1927. In paragraph “ Ninth ” of such will, certain realty consisting of an apartment house was devised to the trustee named therein, with the right to receive the rents, maintain the property and to pay the income annually to the two brothers of the testatrix, Carl Unger and Heinrich Unger, residents of Germany. The gift to such trustee contained the following provision: “ * * *, and said trustee is directed to sell said property for Ninety Thousand ($90,000.00) Dollars, when said sum can be obtained…

2Cases cited6 opinions

  1. Robert v. . CorningNew York Court of Appeals · 1882
  2. Kalish v. . KalishNew York Court of Appeals · 1901
  3. In Re the Probate of Will of HitchcockNew York Court of Appeals · 1917
  4. In Re the Accounting of Fifth Avenue Bank of New YorkNew York Court of Appeals · 1940
  5. Spitzer v. SpitzerAppellate Division of the Supreme Court of the State of New York · 1899

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