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Matter of Johnson

Surrogate's Court of the City of New York, New York County
Dec 14, 1928
133 Misc. 431 (N.Y. Surr. Ct. 1928)

Opinion

December 14, 1928.

Willard A. Mitchell, for the petitioners.

Moses J. Sneudaira, special guardian.


I hold that the appointment under the 17th paragraph of the will of the Guaranty Trust Company of New York as testamentary guardian of the estates of the infants herein is ineffective as such under section 81 Dom. Rel. of the Domestic Relations Law (as amd. by Laws of 1925, chap. 67), but that under such provision of the will the said trust company is the donee of a power in trust with the right to control and manage the trust funds during the minorities of the infants. ( Matter of Kellogg, 187 N.Y. 355; Post v. Hover, 33 id. 593; Matter of Baechler, 121 Misc. 691; affd., 215 A.D. 797; Matter of Baumann, 113 Misc. 630; Matter of Berndt, 102 id. 646; Matter of Wohlers, 98 id. 500.)

Submit decree settling the account accordingly.


Summaries of

Matter of Johnson

Surrogate's Court of the City of New York, New York County
Dec 14, 1928
133 Misc. 431 (N.Y. Surr. Ct. 1928)
Case details for

Matter of Johnson

Case Details

Full title:In the Matter of the Estate of ALECK E. JOHNSON, Deceased

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

Date published: Dec 14, 1928

Citations

133 Misc. 431 (N.Y. Surr. Ct. 1928)
232 N.Y.S. 653

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