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In re the Estate of Johnson

133 Misc. 431, 232 N.Y.S. 653, 1928 N.Y. Misc. LEXIS 1220
CourtNew York Surrogate's Court
DecidedDecember 14, 1928
StatusPublished
Cited by4 cases

This text of 133 Misc. 431 (In re the Estate of Johnson) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Estate of Johnson, 133 Misc. 431, 232 N.Y.S. 653, 1928 N.Y. Misc. LEXIS 1220 (N.Y. Super. Ct. 1928).

Opinion

O’Brien, S.

I hold that the appointment under the 17th paragraph of the will of the Guaranty Trust Company of New York as testamentary guardian of the estates of the infants herein is ineffective as such under section 81 of the Domestic Relations Law (as amd. by Laws of 1925, chap. 67), but that under such provision of the will the said trust company is the donee of a power in trust with the right to control and manage the trust funds during the minorities of the infants. (Matter of Kellogg, 187 N. Y. 355; Post v. Hover, 33 id. 593; Matter of Baechler, 121 Misc. 691; affd., 215 App. Div. 797; Matter of Baumann, 113 Misc. 630; Matter of Berndt, 102 id. 646; Matter of Wohlers, 98 id. 500.)

Submit decree settling the account accordingly.

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Related

In re the Estate of Silvera
27 Misc. 2d 361 (New York Surrogate's Court, 1960)
In re the Accounting of Clark
9 Misc. 2d 393 (New York Surrogate's Court, 1957)
In re the Will of Biederman
186 Misc. 625 (New York Surrogate's Court, 1945)
In re the Estate of Cahill
160 Misc. 607 (New York Surrogate's Court, 1936)

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Bluebook (online)
133 Misc. 431, 232 N.Y.S. 653, 1928 N.Y. Misc. LEXIS 1220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-johnson-nysurct-1928.