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In re the Estate of Baker

In the Matter of the Estate of Allyne G. Baker

In re the Estate of Baker, 36 Misc. 2d 426 (N.Y. Sur. Ct. 1962)
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Court
New York Surrogate's Court · State Specialty Courts
Decided
July 24, 1962
Judges
Herman
Citations
36 Misc. 2d 426231 N.Y.S.2d 4701962 N.Y. Misc. LEXIS 2890

Opinion of the Court — Herman

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Harry G. Herman, S.

In this proceeding for a construction, the executors, the daughter and son-in-law of the decedent, request a determination as to the validity, construction and effect of the following provision contained in paragraph “ second ” of the will, to wit: “ Trust funds to be set up for each of my two grandsons, Thomas A. Klein and Christopher J. Klein, in the amount of Two Thousand Dollars ($2,000.00) for each of them ”.

The testatrix has failed to provide a duration for the trust, or any trustees, or to place upon trustees, any duty or standards to guide their actions. In these circumstances the testatrix has created at most two passive trusts which by operation of law (Real Property Law, §§ 92, 93) title to the bequeathed property vests directly in the beneficiaries (Jacoby v. Jacoby, 188 N. Y. 124 ; Denison v. Denison, 185 N. Y. 438 ; Matter of Kuehnle, 4 Misc 2d 540 ). The named beneficiaries are infants *427 who reside in Dade County, Florida, with their father, their duly appointed general guardian, and the person authorized to receive the bequests as such guardian. (Surrogate’s Ct. Act, I 271-a.)

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1967: 12012: 119672026peak 1967 · 1

Relies on it most ⓘ

  1. Messing v. Commissioner48 T.C. 502 (Tax Ct. 1967)
  2. In re Chantarasmi35 Misc. 3d 345 (N.Y. Sur. Ct. 2012)

Most recent

  1. In re Chantarasmi35 Misc. 3d 345 (N.Y. Sur. Ct. 2012)
  2. Messing v. Commissioner48 T.C. 502 (Tax Ct. 1967)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Jacoby v. Jacoby, 80 N.E. 676 (N.Y. 1907) 47
Denison v. Denison, 78 N.E. 162 (N.Y. 1906) 17
In re the Constr. of the Will of Kuehnle, 4 Misc. 2d 540 (N.Y. Sur. Ct. 1956) 3

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