MATTER OF HOUSMAN


17 Misc.2d 507 (1959)

In the Matter of the Final Accounting of Charles D. Steffens et al., as Trustees under an Indenture of Trust of Which Stella S. Housman was Settlor.

Supreme Court, Special Term, New York County.

May 25, 1959.


Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn (Charles Looker of counsel), for trustees.

Osborne A. McKegney, as guardian ad litem for William A. Burton, an infant.


SAMUEL M. GOLD, J.

Section 17 of the Decedent Estate Law, by its terms, relates only to the validity of a "last will and testament" and provides that, in specified circumstances, a "devise or bequest" shall be valid only to the extent of half of the estate purported to be devised and bequeathed. (Italics supplied.) Even if it be assumed that the trust indenture here involved was illusory, as claimed by the guardian, it was a valid trust...

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