Legal Opinion
In re the Estate of Reiss
New York Surrogate's Court
Decided August 27, 1951PublishedCited by 6 opinions
1Opinion of the Court
Savarese, S.
Decedent’s son petitions under section 137 of the Surrogate’s Court Act to compel respondent, an attorney, to produce a will. Petitioner and his father, decedent’s husband, are alleged to be her closest kin. . Respondent’s answer admits possession of a will, but asserts as an affirmative defense that he has a lien thereon for the value of his legal services in preparing the same.- The legal sufficiency of this defense is determinative of the proceeding, as the essential facts are conceded.
Research of court and counsel have failed to disclose any judicial authority in this State…
2Cases cited8 opinions
- Matter of HeinsheimerNew York Court of Appeals · 1915
- Robinson v. . RogersNew York Court of Appeals · 1924
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Leviten v. SandbankNew York Court of Appeals · 1943
- Goldman v. Rafel Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In the Matter of Richard C. Browy, Bankrupts. James S. Brannon, as Trustee in Bankruptcy v. Stephen D. Gay, AttorneyCourt of Appeals for the Seventh Circuit · 1976
- In re the Estate of BadoreNew York Surrogate's Court · 1973
- Sorin v. Shahmoon Industries, Inc.New York Supreme Court · 1959
- Kennedy v. MacalusoNew York Court of Appeals · 1982
- In re the Estate of FrenchNew York Surrogate's Court · 1952
1 more not listed; retrieve them via the Exa API.