Home/New York Court of Appeals/In re Gross

In re Gross

420 N.E.2d 91, 52 N.Y.2d 1006, 438 N.Y.S.2d 293, 1981 N.Y. LEXIS 2238
CourtNew York Court of Appeals
DecidedFebruary 19, 1981
StatusPublished
Cited by27 cases

This text of 420 N.E.2d 91 (In re Gross) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Gross, 420 N.E.2d 91, 52 N.Y.2d 1006, 438 N.Y.S.2d 293, 1981 N.Y. LEXIS 2238 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

It cannot be said that the trustee was required to invade the corpus of the trust to reimburse the Department of Mental Hygiene for costs incurred in caring for the life beneficiary. Both courts below found that testator’s intent, as expressed in the codicil establishing the trust in its current form, was that the corpus be invaded only for health-related emergencies and that routine expenses for care be paid out of the income. This was amply supported by the record. The trustee did not abuse her discretion as a matter of law.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Robert G. Kay Irrevocable Supplemental Needs Trust
Vermont Superior Court, 2019
In re the Accounting of JP Morgan Chase Bank, N.A.
38 Misc. 3d 363 (New York Surrogate's Court, 2012)
MCDONALD, IDALYNN LUPPINO, MTR. OF
Appellate Division of the Supreme Court of New York, 2012
In re the Trusts for McDonald
100 A.D.3d 1349 (Appellate Division of the Supreme Court of New York, 2012)
Jennings v. Commissioner
71 A.D.3d 98 (Appellate Division of the Supreme Court of New York, 2010)
In Re the Estate of Abraham XX.
900 N.E.2d 136 (New York Court of Appeals, 2008)
Sai Kwan Wong Ex Rel. Wong v. Daines
582 F. Supp. 2d 475 (S.D. New York, 2008)
In re Rappaport
21 Misc. 3d 919 (New York Surrogate's Court, 2008)
In re the Estate of Kamp
7 Misc. 3d 615 (New York Surrogate's Court, 2005)
In re the Trust under Agreement with Rubin
4 Misc. 3d 634 (New York Surrogate's Court, 2004)
Acxiom Corp. v. Leathers
961 S.W.2d 735 (Supreme Court of Arkansas, 1998)
Frey v. O'Reagan
216 A.D.2d 565 (Appellate Division of the Supreme Court of New York, 1995)
In re the Conservatorship of Garbow
155 Misc. 2d 1001 (New York Surrogate's Court, 1992)
In re the Estate of Daubney
153 Misc. 2d 120 (New York Surrogate's Court, 1992)
In re the Estate of Scatamacchia
150 Misc. 2d 624 (New York Surrogate's Court, 1991)
Tutino v. Perales
153 A.D.2d 181 (Appellate Division of the Supreme Court of New York, 1990)
In re the Estate of Surut
141 Misc. 2d 1005 (New York Surrogate's Court, 1988)
In re Roberts
461 N.E.2d 300 (New York Court of Appeals, 1984)
Carlon v. Regan
98 A.D.2d 544 (Appellate Division of the Supreme Court of New York, 1984)
Hoelzer v. Blum
93 A.D.2d 605 (Appellate Division of the Supreme Court of New York, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
420 N.E.2d 91, 52 N.Y.2d 1006, 438 N.Y.S.2d 293, 1981 N.Y. LEXIS 2238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gross-ny-1981.