In re the Accounting of Schneider

Frankenthaler, S.

This case presents a novel question in this State in the realm of the conflict of laws. Deceased, a naturalized American citizen of Swiss origin died domiciled in New York County, leaving as an asset of his estate certain real property located in Switzerland. In his will he attempted to dispose of his property, including the parcel of Swiss realty, in a manner which is said to be contrary to the provisions of Swiss internal law. That law confers upon one’s legitimate heirs, a so-called legitime, i.e., a right to specified fractions of a decedent’s property, which right cannot…