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Matter of Baker

Surrogate's Court, Westchester County
Jul 24, 1962
36 Misc. 2d 426 (N.Y. Surr. Ct. 1962)

Opinion

July 24, 1962

Smith, Ranscht Pollock for petitioners.

Eugene Nadelman, as special guardian.


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 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, § 271-a.)


Summaries of

Matter of Baker

Surrogate's Court, Westchester County
Jul 24, 1962
36 Misc. 2d 426 (N.Y. Surr. Ct. 1962)
Case details for

Matter of Baker

Case Details

Full title:In the Matter of the Estate of ALLYNE G. BAKER, Deceased

Court:Surrogate's Court, Westchester County

Date published: Jul 24, 1962

Citations

36 Misc. 2d 426 (N.Y. Surr. Ct. 1962)
231 N.Y.S.2d 470

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