Legal Opinion

In re the Estate of Friedman

New York Surrogate's Court

Decided December 13, 1989PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Renee R. Roth, S.

In this construction proceeding, Linda Gilbert, an "adopted-out” child of decedent Irving Friedman, seeks a determination of her rights under her natural father’s will and also under a 1947 separation agreement (1947 agreement) entered into between her natural parents prior to their divorce.

The 1947 agreement, in relevant part, provided as follows: "seventh: The Husband agrees that if he makes a will he will bequeath and devise to his said child a share of his estate not less than the child would receive if he died intestate. The Husband represents that he…

2Cases cited20 opinions

  1. Simonds v. SimondsNew York Court of Appeals · 1978
  2. Seaver v. . RansomNew York Court of Appeals · 1918
  3. Irving Trust Co. v. DaySupreme Court of the United States · 1942
  4. Boughton v. . FlintNew York Court of Appeals · 1878
  5. In Re the Will of BumpNew York Court of Appeals · 1922

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3Cited by4 opinions

  1. Peterson v. PeckCourt of Appeals of Arkansas · 2013
  2. In re ChantarasmiNew York Surrogate's Court · 2012
  3. In re HorowitzNew York Surrogate's Court · 2013
  4. In re the Judicial Settlement of the Final Accounts of Manufacturers & Traders Trust Co.New York Surrogate's Court · 2013

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