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http://www.archive.org/details/cu31924024892071
The Administration of
ESTATES
AND
TRUSTS
"^
NEW YORK
55
Cedar Street
St.
Bhoadway at 73d
\{r\^^3>
Copyright 1917
United States
CONTENTS
Estates
The Executor of Your "Will Practical Knowledge Required
How
Trust
the Estate
is
Administered
Company
Executor's Fees Trust Company Economies No Outlay for Bond Curtailment of Expense for Advice Economy of Large Business Avoidance of Legal Penalties No Expense for Safe Deposit Box Lessening the Danger of Loss The Importance of Making a Will
Permanent Protection
Will
if
How Your Personal Property is Distributed New York State Inheritance Tax
Taxation on Inheritances
Protecting Your Interests The Administrator
You Leave No
Will
Personal Trusts
What are Personal Trusts? The Parties to a Trust The Trust Company as Trustee Under
Will
Trusts in Force During the Life of the ISIaker Purposes for Which Trusts May be Created Some Advantages of Voluntary Trusts
Guardian
Trust
Commiiiee Custodian
Company iis Guardian Appointed Duties Trust Company as Committee Trust Company as Custodian
How
As Treasurer
of a Corporation Investments are Protected Trust Funds Kept Separate Legal Investments Provision for Special Investments Information as to Investments
How
Equipment
Charges
THE ADMINISTRATION OF
ESTATES
AND
TRUSTS
Of vital importance to property are likely to be:
The making The The The
of a will
anyone owning
of a suitable executor.
estates
The safeguarding
to afford-
Trust Department
and
it is
hoped that
it
may
many
of our
clients
and friends.
Individual
Trust"
Services
Two
Two
committed to the
created by individuals.
Corporate Trusts
created
by
corporations.
The scope of this booklet is confined to Individual Trusts which are of direct personal interest, not only to men but women.
thrust
upon them
Trust
Company
has proved of inestimable value. It has relieved them from a multitude of financial worries. It has given them protection and guidance when most needed.
17]
A Wide Range
This
of Helpfulness
Company
is
which an individual
another.
The amount
involved
it
may
be as small as
a single bond, or
may be
unlimited.
Some
1.
Carries
out pro-
2.
Administrator
to administer an estate
has
qualifies.
Trustee
under
Will
"Testamentary
Trustee";
manages
a
4.
will.
"Deed of Trust" or "Agreement" Manages property subject to the terms of a deed or agreement.
Trustee under
5.
6.
of
Custodian
property.
Of
[8]
securities
or
other
ESTATES
United States
The Executor
of
Your Will
will
The
is
apt
up
of the
Practical
Knowledge Required
An
well
To be
special
much
knowledge and involve considerable time and trouble. Every step is hedged about with legal formaHties and technicalities which must be comphed with and which are totally mrfamihar to the layman.
The
a
executor
she
is
or a Trust
Company.
woman
may
Because of its special fitness for the task and its constant experience the Trust Company is steadily growing in favor as executor.
[10]
The Executor
of
Your Wi
How
the Estate
is
Administered
The United States Mortgage & Trust Company as executor under the law does
these things:
1.
Probates the
will.
(The will is deposited in the Surrogate's Court, where it is proved, or, as the language of the law
expresses
validity in
it,
"probated."
This establishes
its
manner and form of execution and the capacity of its maker. The Surrogate's Court
then issues to the executor "Letters Testamentary." These are the executor's legal authority
to act.)
2.
when
3.
4.
5.
Pays the lawful debts in the order of priority as established by law, and when
necessary
sells securities
or other prop-
and pays
this tax.
[11]
United States
7.
with the
will,
sub-
Accounts to the Surrogate's Court, pays the Court costs and is discharged.
in the
At any point
proceedings
difficult
problems are likely to present themselves. This Company by the very nature of its business is called upon to solve such problems daily. Its wide experience in administering estates gives it a practical knowledge which an individual executor cannot be expected to
possess.
as Co-Executor
with an Individual
thought desirable to have a member of the family who has intimate knowledge of its affairs act as executor. In this case such person and the Trust Company may be appointed as cocertain conditions
it
Under
may be
executors.
12
Executor's
Fees
Executor's Fees
lated
whether the executor is the United States Mortgage & Trust Company or an individual unless otherwise provided for by the will.
The commission is a percentage of the sums money received and paid out by the executor. In the State of New York the rates are
of
5%.
For any additional sums
not exceeding $10,000,
For
all
[18]
Trust
Company Economies
Com-
Among
No
This
individual executors.
bond
is
It
The Trust
requirement
when
and
less
likely
than the
individual to expend funds of the estate for legal or other advice. Dealing over and over again
with
all
it
has the
phases thereof.
Economy
of
Large Business
is
able to conduct
its
its
large volume.
its
general routine
become
special
The Trust Company makes no charge for office The individual executor
often does.
14
Economy
of
Trust
Company
As
Executor
Avoidance
is
of Legal Penalties
reason of
its
experience
may
be lacking in
to
the
individual
is
executor.
Neglect
comply
No Expense
Box
its
own
safe
[is:
United
States
a matter of
common knowledge
that
estates in the
hands
of individual executors
is
by
has the requisite business ability usually has the least time to devote to the exacting duties of an executorship.
Losses to estates running into many thousands of dollars often appear in the records of
the Courts, due to the appointment of poorly
qualified executors.
A man who
to
make
good.
large capital
and
surplus,
fully responsible.
[16]
The Importance
of
Making A Will
The Importance
of
Making a
Will
By making
You
will
between
to
Company
You
(thus safeguarding
it
management)
You save delays and expenses by doing away with the redtape involved under the appointment of an administrator by the
Court.
You You
your
preference as to the
appointment of a Guard-
You can
protect
which they
In making a
States
tor,
will and appointing the United Mortgage & Trust Company as execuyou entrust to the care of a body of respon-
experienced specialists the handling of an intricate business and the legal procedure connected therewith.
sible,
[17]
You have
efhcient
execution
the
duties
involved.
You
mean much, not only to you, but to those whose welfare you have at heart.
obhgations which
Permanent Protection
is
not subjected, as
is
the individual executor, to the temptation to use control of the estate for personal gain.
In case of loss individual executors are not always financially responsible, no bond being required of them unless prescribed by the will
or imless the will contains certain provisions,
in the event of
Trust Companies on account of their financial responsibility are not required to give bonds except when ordered by the court, it being well recognized that their assets would be sufficient to make good any loss for which they might be responsible.
Personal influences
executor.
will
When this Company acts as your executor your estate will not be delayed in settlement through inexperience. This is apt to be the case when a friend or relative is appointed
executor.
Will
That your will should be properly planned, legally and clearly drawn is, of course, of
prime
importance.
This,
however,
is
the
province of lawyers.
would advise everyone making a will Only the to consult a competent lawyer.
We
mind
fully
legally trained
is
although not absolutely necessary, at the time of making your will, to consult with one of our trust officers. You can then arrange the details of the appointment of the Company as executor or trustee.
It
advisable,
When
this
keeping in
its
[19]
United
States
How Your
If
You Leave No
Will
of
you have not made a valid will the law the State of New York provides, in general
without
noticing
special
(and
conditions),
of debts
surplus of your
payment
Married
Man
Leaving widow and issue one-third to the widow; two-thirds to the issue.
Leaving widow and no issue one-half to the widow; one-half to his next of kin.
Married
Woman
Leaving husband and issue one-third to the husband; two-thirds to the issue.
Leaving husband and no issue
her husband.
the
whole to
Unmarried
is
Man
or
Woman
if
The whole
not living
the father
[201
Distribution
of
Property
Persons thus benefiting may not be those wish to receive your property. The law is inexorable. It is not concerned with what your wishes might have been in
whom you
making a
will.
on the other hand, you make a valid will, this is in effect a law in itself. It must be obeyed and you are then sure to have your wishes carried out with precision.
to appoint the
Trust
Company your
executor.
[21]
United States Mortgage & Trust Company
State Inheritance
Tax
imposed and
in-
Inheritance
Tax
is
by
will or transferred
under the
The amount
liabilities of
of the tax is
determined by
The United States Mortgage & Trust Company is constantly called upon to act as
executor or administrator.
It
is
thus fully
informed on
all
and
necessary formalities.
Rates
of
Taxation on Inheritances
The
by the
State of
When
husband,
to father,
(including
mother,
legally
child
[22]
Taxation on Inheritance
adopted children, except that as to them a transfer of over $5000 is taxable on the whole
is
as follows
First $5000
above $205,000 at
is
4%
When
taxable.
the transfer
to a lineal descendant,
in value,
is
1%
above $200,000 at
is
4%
When
or
or,
the transfer
of son,
widow
or
husband
of
daughter,
under certain conditions to a foster child legally adopted, and it does not exceed $500 in value, it is not taxable. If over $500, it is taxable on the whole amount,
as follows:
First $25,000 at
2% 5%
above $200,000 at
[23]
United States Mortgage & Trust Company
any other person than those above enumerated, or to any corporation (except reUgious, charitable, and certain other corporations, which are exempt) and does not exceed $500, it is not taxable. If over $500 it is taxable on the whole amount
the transfer
is
When
to
as follows:
First $25,000 at
5%
8%
above $200,000 at
Protecting
Your
Interests
In its care for the interests of an estate and the beneficiaries of a will in respect to this tax, the United States Mortgage & Trust Company has a definite advantage over the individual executor. Its thoroughly equipped
business
keeping
furnish
sight.
organization
its
its
carefully
insurance against
and over-
The
Appointment
ut
An
Administrator
The Administrator
A man
he
fails
will.
is
said to
if
by
woman
she
is
known
as the
administratrix.
appointment of an Administrator if there is a will, but no executor is named, or if one is named but fails to qualify, such an administrator is called "Administrator with the Will Annexed," or Administrator c. t. a. (cum testamento annexo).
also provides for the
The law
An administrator proceeds in much the same way as does an executor. He distributes the
estate to the persons lawfully entitled thereto.
25
II
PERSONAL
TRUSTS
United
States
What
commonly grouped
1.
in
two
classes:
Trustee
under Will.
is
Such a
trust
is
made
to operate
Deed or Agreement. This becomes active during one's hfetime. It is sometimes called a "Living" or "Voluntary" trust.
Trustee under
of trust
form
By
by
wife or children,
or
institution, a charity or
any
special object,
128
Trustee Under
Parties to a Trust
or Trust
Company who
holds
who
is
receives the
income from
its
who
is
as Trustee
a will you
all
may
find
it
of
your property
This
may
managed in a certain definite way, because you want the income devoted to some special purpose, or desire to relieve your widow, or daughter, or some other
or funds to be
The
fies,
trustee
named
the
in
your
will, if
he quali-
invests
trust
funds,
or
manages
When
also
the Trust
Company
it
is
appointed
it is
customary to appoint
the trustee of
such trust.
Trust Company as trustee under a will assures to your estate and to the beneficiaries under the will the advantage of a businesslike management,
States
The United
Mortgage
&
exact accounting, and the trained knowledge of men of wide business experience. It also
affords safety
and economy.
itself
The appointment can be made by the will when it is executed, or it may be made
codicil to
by a
an existing
will.
As above stated
if
in the case of
an executor,
may be appointed
Company.
[30]
Trustee
Under Deed
or
Agreement
Maker
By
trust
see
it
in
operation
and reserve to yourself the right to revoke or modify it to suit changing family or business
conditions.
May
You may
be Created
ample, a son or daughter, or other relative or friend or dependent, during his or her
lifetime.
You may
or
ing of
some contingency.
that so
much
of the
the maintenance, support and education of a child, and that the balance shall accumulate
until the child
becomes
of age.
[31]
Company
You may
during your
after
your death.
provide that upon the termina-
You may
distributed in
to specify.
You may
some charity in which you are interested. Such trusts are frequently made in perpetuity.
As
Company
make
in a position to serve
you
in a
The
right reserved to
makes
it
[32]
Advantage
of
Voluntary Trusts
Some Advantages
Voluntary Trusts
of
Such trusts are a wise application of the maxim, "In the days of prosperity provide for days of adversity." They are also an excellent means of carrying out benevolent
plans, or providing for relatives or others.
They
settlements. A father may thus, for example, provide an income for his married daughter thus rendering her financially independent of her husband.
The
is
saved the
payments or
[33]
Ill
GUARDIAN
COMMITTEE
CUSTODIAN
as
Guardian
To make
perty of a boy or
tions
a natural protector
which
may
under age left without one of the serious quesbe involved in the making
girl
is
of a will.
How
Appointed
The United States Mortgage & Trust Company may be appointed as Guardian of
the property of a minor by the Court the application of some relative.
upon
of age.
[36]
As Guardian
Duties
The Guardian
ward
to law.
ward.
of
all
receipts
finally
is
when
entitled to
management
[37]
as
Committee
an Incompetent
is
often
appointed
The life of a trust in such a case varies according to the special circumstances. Where
is of unsound mind, for instance, would depend upon the beneficiary's being adjudged competent to manage his own
a person
it
affairs.
[38"
As Custodian
as Custodian
Under this service the Trust Company provides vaults for the safekeeping of stocks, bonds and other securities, attends to the collection of coupons, interest and dividends and takes care of a number of other details involved in the management of property.
either credited to
your
you
prefer.
as custodian relieves
of
of
the
mortgage
of real estate,
and
of periodical visits to a
The
ofifers
from the trouble of attending to financial details. These can be better looked after by a business organization equipped with a perfected accounting system and the necessary
technical knowledge.
This service
is
especially advantageous to
traveler or business
periods.
man
[39]
United States
As Treasurer
of a Corporation
act as treasurer
clubs,
societies,
treasurer
of
Those charged with the care of funds are thus relieved from attention to a multitude of responsibilities and annoying details.
How
The investment of trust funds by this Company is made under the direction of a Trust Committee of the Board of Directors of the Trust Company.
Such
Committee
meets
frequently
and
and
The
group of invest-
[40]
Legal
Investments
As Executor, Administrator, Guardian or Testamentary Trustee, the Trust Company keeps the trust investments separate and distinct from its own assets and those of any
other estate.
are,
by
law, pre-
Legal Investments
Under
ments
wills,
is
deeds of trust,
etc.,
the Trust
invest-
Company
often
empowered
to
make
As a safeguard the law authorizes the investment of trust funds in certain securities. These
for the benefit of beneficiaries.
are:
1.
Loans
on
unencumbered
real
estate
situated in
New York
the property.
2.
U.
certain
State
3.
Certain
statute.
Railroad
Bonds
specified
by
[41.
The maker
ever,
Information as to Investments
The
Officers of this
Company welcome at
all
142]
IV
ADVANTAGES
OF
A Summary
Trust
Company
Service
is
Safe.
a group
a Board of
of substantial
men
trained in finance.
is
Its reliability
ital
insured
by adequate cap-
and
surplus.
Does not endanger the trust by dishonesty or by personal inexperience, or caprice, prejudice or neglect, or by becoming
or failure,
incompetent.
intervals.
Trust
Company
Service
is
Economical
[44]
Trust Company
Advantages
Trust
Company
Service
is
Convenient
dress.
The Trust Company has a permanent adThe United It can always be found.
States Mortgage
City.
&
New York
Consultations
Welcomed
of
the
United
is is
a
in
charge of
field.
men
They
The Trust
office
branch
Managers are always available to discuss with you any point in connection with personal trusts about which you may desire information. This may be a matter of mere business routine or a complicated problem.
Do
to
not consider it too trivial or too difficult be presented. Questions by mail will
and prompt
replies.
[45]
United
States
Mortgage
&
Trust
Company
Safety for
Your Valuables
the safekeeping of
of the
Convenient
facilities for
by the vaults
United States Safe Deposit Company which adjoin all offices of the United States Mortgage & Trust Company.
Equipment
These modern vaults are fully equipped with the most approved devices for safety and convenience. Special vaults with private rooms are at the service of those who wish to use them. Good light in the vaults and coupon rooms is secured by their location on the street level.
Charges
Boxes upward.
may
prices ranging
Trunks, packages and boxes are stored at from fifty cents per month and upward according to size and valuation.
delivery automobile
HG
1*319
e8 U58