In re Cook

Decision and Order


New York State Surrogate's Court for New York County (G l e n , S .) holds that the precautionary addendum, in effect until March 1, 1964, does not prevent the adopted child of a 1930s testamentary trust's life beneficiary from sharing in the trust remainder with the life beneficiary's biological child. Surrogate Glen chiefly rests her ruling on an analysis of two apparently conflicting New York State Court of Appeals cases from the 1960s: In re Ricks, 10 NY2d 231 (1961) and In re Park, 15 NY2d 413 (1965), finding that the latter controls. The court holds that unless the life beneficiary would have died without heirs but for the adoption, the adopted child is entitled to share in any gift to those in his or her class of issue, descendents or children.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Wills, Trusts, & Estate Planning Updates

Reference Info:Decision | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Burger, Santiago Burger Annechino LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Michael Burger
Santiago Burger Annechino LLP

Michael A. Burger is an attorney and a partner in the law firm of Santiago Burger Annechino LLP. ... View Profile »

Follow Santiago Burger Annechino LLP:

Reporters on Deadline