In re the Will of Bruckheimer

Appellate Division of the Supreme Court of New York

In re the Will of Bruckheimer

267 A.D. 783, 45 N.Y.S.2d 956, 1943 N.Y. App. Div. LEXIS 6235

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 1943

StatusPublished

Cited by1 cases

This text of 267 A.D. 783 (In re the Will of Bruckheimer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Will of Bruckheimer, 267 A.D. 783, 45 N.Y.S.2d 956, 1943 N.Y. App. Div. LEXIS 6235 (N.Y. Ct. App. 1943).

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Opinion

Proceeding for the construction of a last will and testatment. Decree of the Surrogate’s Court of Westchester County, insofar as appealed from, affirmed, with costs to all parties filing briefs, payable out of the estate. No opinion. Close, P. J., Carswell, Adel and Lewis, JJ., concur; Hagarty, J., concurs for affirmance insofar as the decree sustains the validity of the trust, but dissents insofar as the decree directs payment of the carrying charges on the residence out of the principal of the trust, being of opinion that there is no language in the “ Seventh ” paragraph of the will which warrants the invasion of the corpus of the trust for the purpose of defraying overhead expenses during the possession of the residence by the wife. (Matter of Ely, 249 App. Div. 8, affd. 274 N. Y. 501.] [See post, p. 878.]

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Proceeding for the construction of a last will and testatment. Decree of the Surrogate’s Court of Westchester County, insofar as appealed from, affirmed, with costs to all parties filing briefs, payable out of the estate. No opinion. Close, P. J., Carswell, Adel and Lewis, JJ., concur; Hagarty, J., concurs for affirmance insofar as the decree sustains the validity of the trust, but dissents insofar as the decree directs payment of the carrying charges on the residence out of the principal of the trust, being of opinion that there is no language in the “ Seventh ” paragraph of the will which warrants the invasion of the corpus of the trust for the purpose of defraying overhead expenses during the possession of the residence by the wife. (Matter of Ely, 249 App. Div. 8, affd. 274 N. Y. 501.] [See post, p. 878.]

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267 A.D. 783, 45 N.Y.S.2d 956, 1943 N.Y. App. Div. LEXIS 6235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-will-of-bruckheimer-nyappdiv-1943.

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