Legal Opinion

In re the Estate of Neuman

New York Surrogate's Court

Decided June 9, 1980PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Millard L. Midonick, J.

The most substantial issue raised in this construction proceeding is whether a Totten trust may be revoked without literal compliance with the terms of EPTL 7-5.2 (subd [2]). Article thirteenth, the last article of decedent’s will provides:

“In the event that at the time of my death there be in existence any bank accounts in trust for my wife, ANNE E. NEUMAN, or payable to her upon my death, I hereby expressly revoke such payment provisions of any such account and direct that the proceeds of said account (s) *136shall be deemed my sole property and an…

2Cases cited4 opinions

  1. In re the Estate of KrycunNew York Court of Appeals · 1969
  2. In re the Estate of SilberkastenNew York Surrogate's Court · 1979
  3. In re the Estate of MottaAppellate Division of the Supreme Court of the State of New York · 1978
  4. In re the Estate of KartzowitzNew York Surrogate's Court · 1969

3Cited by3 opinions

  1. Long Island Savings Bank v. SavageAppellate Division of the Supreme Court of the State of New York · 1986
  2. In re the Estate of FlynnNew York Surrogate's Court · 1983
  3. In re the Estate of YoungNew York Surrogate's Court · 1987

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