1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 6 A.D.2d
  5. 6 A.D.2d 291 (1958)
 

MATTER OF NIEDELMAN

6 A.D.2d 291 (1958)

In the Matter of The Estate of Samuel Niedelman, Deceased. Hilda Niedelman et al., Appellants; Frederick W. Marquand, as Executor and Trustee of Samuel Niedelman, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 3, 1958.

Attorney(s) appearing for the Case

Leonard G. Bisco of counsel (John E. Higgiston, Jr., with him on the brief; Newman & Bisco, attorneys), for appellants.

R. John Urevich of counsel (Frederick W. Marquand, in person, with him on the brief; R. John Urevich, attorney), for Frederick W. Marquand, executor and trustee, respondent.

Gerard V. Murphy, special guardian.

RABIN, J. P., and McNALLY, J., concur with M. M. FRANK, J.; STEVENS, J., dissents in part, in opinion, in which BERGAN, J., concurs.

M. M. FRANK, J.

The prime question posed on this appeal is whether a trust created by a decedent for the benefit of a surviving spouse, which provides for a principal share equal to or greater than the intestate share, is in violation of the Decedent Estate Law (§ 18), if the trust is subject to termination before the death of the surviving spouse and in that event the spouse would take the trust principal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases