In re Germaine
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRhodes, J.
The question to be determined is whether the next of kin of a wife who predeceased her husband are entitled to the estate of said husband as bis next of kin, he having died leaving no other next of kin him surviving. The answer requires a decision as to whether retroactive effect is to be given to the changes in the Decedent Estate Law relative to such a situation.
These changes removed the restrictions as to the class of property to be distributed to the next of kin of a deceased husband or wife of a deceased person, and enlarged the rights of such next of kin by permitting in the cases…
2Cases cited13 opinions
- De Vaughn v. HutchinsonSupreme Court of the United States · 1897
- Nunnemacher v. StateWisconsin Supreme Court · 1906
- Orr v. GilmanSupreme Court of the United States · 1902
- Johnston v. . SpicerNew York Court of Appeals · 1887
- People, Ex Rel. Evans v. . ChapinNew York Court of Appeals · 1886
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3Cited by2 opinions
- In re the Accounting of KellyNew York Surrogate's Court · 1947
- In re the Accounting of DallyNew York Surrogate's Court · 1954