Legal Opinion
In re the Construction & Division of the Trust for the Benefit of Fussell
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2006PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Scudder, J.
Edith H. Woodward (settlor) established an inter vivos trust by a trust agreement dated December 21, 1950. The trust agreement provides, inter alia, that the trustee is
“to pay the net income therefrom to [settlor’s niece,] MARY JANE BISHOP FUSSELL[,] during her lifetime and upon her death to pay the net income therefrom ... to the use of her issue who may be living from time to time in equal shares per stirpes .... Upon the death of the survivor of Mary Jane Bishop Fussell and [her daughter,] Mary Edith Fus*166sell[,] this trust shall terminate and the Trustee shall…
2Cases cited8 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- In Re the Will of SamsonNew York Court of Appeals · 1931
- In re the Estate of HallNew York Surrogate's Court · 1932
- In re the Construction of the Will of LedererAppellate Division of the Supreme Court of the State of New York · 1957
- In re the Estate of McKeonNew York Surrogate's Court · 1960
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Matter of HSBC Bank USA, N.A. (Campbell)Appellate Division of the Supreme Court of the State of New York · 2026