From Casetext: Smarter Legal Research

Matter of Bendick

Surrogate's Court of the City of New York, New York County
Sep 7, 1933
149 Misc. 415 (N.Y. Surr. Ct. 1933)

Opinion

September 7, 1933.

Goodhue, Morrison Lynn, for the proponent.

Paul Abbott, for Maxine Abbott.


This is an application by the beneficiary of a trust created under the will of the decedent for an order directing the trustees to pay out of the trust fund and accumulated interest semi-annual payments of $500, so as to enable the petitioner to enter college and to pay his expenses while there. The consent of the trustees is attached to the petition.

The trustees hold in trust for the petitioner the sum of approximately $2,000, of which about $200 is accumulated income. Under the terms of the will the trust fund is to be held until the petitioner arrives at the age of twenty-five years, when the trust is to terminate. The trustees, however, are given the power, after the beneficiary reaches his majority if, in their discretion it shall be for his best interests, to pay over the whole or any part of the trust fund to him. The petitioner is not yet eighteen years of age. In view of the nature of the trust created by the will of the decedent, and the fact that the petitioner has not yet reached twenty-one, there is no power in this court which would allow the granting of this application. The Legislature has enacted in section 15 Pers. Prop. of the Personal Property Law the policy of this State respecting the inviolability of trusts of this character. Under the provisions of that section the invasion of the principal sought and the destruction of the trust are prohibited. ( Matter of Wentworth, 230 N.Y. 176; Ostrander v. Ostrander, 194 A.D. 1; affd., 233 N.Y. 582; Metcalfe v. Union Trust Co., 181 id. 29; Douglas v. Kruger, 80 id. 15; Matter of Perry, 126 Misc. 616. )

Application denied.


Summaries of

Matter of Bendick

Surrogate's Court of the City of New York, New York County
Sep 7, 1933
149 Misc. 415 (N.Y. Surr. Ct. 1933)
Case details for

Matter of Bendick

Case Details

Full title:In the Matter of the Estate of ISABELLA BENDICK, Deceased

Court:Surrogate's Court of the City of New York, New York County

Date published: Sep 7, 1933

Citations

149 Misc. 415 (N.Y. Surr. Ct. 1933)
267 N.Y.S. 497

Citing Cases

Matter of Van Hoesen

The father having joined in the petition, the executor will be authorized by the decree of this court to…

Matter of Caswell

The inflexibility of the rule was pointed out in Matter of Wentworth ( 230 N.Y. 176, 183). The determination…