In the Matter of the Accounting of Frederick A. Locke, as Executor, and the New York Trust Company, as Administrator…

Summary

The New York Court of Appeals reversed the Appellate Division’s decision and affirmed the Surrogate’s Court, holding that the bequest of a fifth of the residuary estate, which incorporated an existing trust deed, did not violate the rule against incorporation and therefore the testator did not die intestate with respect to that portion.