In re the Estate of Garland

Appellate Division of the Supreme Court of New York

In re the Estate of Garland

249 A.D. 923, 293 N.Y.S. 283, 1937 N.Y. App. Div. LEXIS 10172

Appellate Division of the Supreme Court of the State of New York·Decided January 13, 1937·Published·Cited by 1 cases

Opinion

Order affirmed, with ten dollars costs and disbursements. Memorandum: The trust for which provision was made in the agreement of August 13, 1930, was for the life of John E. Garland only and a reversion and not a remainder was reserved in John E. Garland. (Doctor v. Hughes, 225 N. Y. 305.) The devolution of the property after the death of John E. Garland was by virtue of the laws of the State of New York for the descent and distribution of decedent’s property and of this the surrogate had exclusive jurisdiction. All concur. (The order denies application of trustee to vacate that part of an order which directs Mm to turn over trust property to the temporary admimstrator.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Lewis, JJ.

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Order affirmed, with ten dollars costs and disbursements. Memorandum: The trust for which provision was made in the agreement of August 13, 1930, was for the life of John E. Garland only and a reversion and not a remainder was reserved in John E. Garland. (Doctor v. Hughes, 225 N. Y. 305.) The devolution of the property after the death of John E. Garland was by virtue of the laws of the State of New York for the descent and distribution of decedent’s property and of this the surrogate had exclusive jurisdiction. All concur. (The order denies application of trustee to vacate that part of an order which directs Mm to turn over trust property to the temporary admimstrator.) Present — Sears, P. J., Edgcomb, Thompson, Crosby and Lewis, JJ.

In re the Estate of Garland, 249 A.D. 923, 293 N.Y.S. 283, 1937 N.Y. App. Div. LEXIS 10172 (N.Y. Ct. App. 1937).

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Opinion

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