Legal Opinion

In re the Estate of Silverman

New York Surrogate's Court

Decided July 13, 1977PublishedCited by 9 opinions

1Opinion of the Court

Millard L. Midonick, S.

In this probate proceeding the court is presented with a motion to dismiss objections filed against a will and a cross motion for permission to file objections under SCPA 1410.

Offered for probate is a will dated August 9, 1972 and a later will dated May 12, 1976. The original objectants to probate of the later will are one Sylvia Wender, a niece of the decedent, and Irving Smiley, a nephew, two of the many residuary legatees named in the prior instrument.

Pursuant to SCPA 1410: "Any person whose interest in property or in the estate of the testator would be adversely…

2Cases cited4 opinions

  1. In re the Estate of MolnarNew York Surrogate's Court · 1973
  2. In re the Probate of the Will of BahrenburgNew York Surrogate's Court · 1951
  3. In re the Estate of BasileNew York Surrogate's Court · 1970
  4. In re the Estate of BehanNew York Surrogate's Court · 1936

3Cited by9 opinions

  1. Siegel v. NovakDistrict Court of Appeal of Florida · 2006
  2. In re the Estate of LachmanNew York Surrogate's Court · 1979
  3. In re the Estate of PeckolickNew York Surrogate's Court · 1996
  4. In re the Estate of MorseNew York Surrogate's Court · 1998
  5. In re the Estate of MarksNew York Surrogate's Court · 1989

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