Legal Opinion

In re the Accounting of Esther C.

New York Surrogate's Court

Decided January 26, 1950PublishedCited by 1 opinion

1Opinion of the Court

McGarey, S.

In this proceeding to settle the account of the sole surviving trustee and of the deceased substituted trustee a construction of the will is sought to determine the proper distribution of the remainder of the trust created for the benefit of testator’s widow which has terminated by her death. Under the provisions of paragraphs “ Second ” and “ Third ” of his will testator created a trust of his residuary estate for the benefit of his widow during her life or until her remarriage and on the termination thereof to divide the corpus into as many parts as he might leave children him…

2Cases cited16 opinions

  1. Clark v. . CammannNew York Court of Appeals · 1899
  2. Haberman v. . BakerNew York Court of Appeals · 1891
  3. Doane v. . Mercantile Trust Co.New York Court of Appeals · 1899
  4. In Re Proving the Will of FordhamNew York Court of Appeals · 1923
  5. Lockman v. . ReillyNew York Court of Appeals · 1884

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3Cited by1 opinion

  1. In re the Accounting of First National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1959

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