Legal Opinion

In re the Estate of Haubenstock

New York Surrogate's Court

Decided February 21, 1961PublishedCited by 5 opinions

1Opinion of the Court

Maximilian Moss, S.

The executrix seeks a determination of the validity of the notice of election served and filed by the surviving spouse to take against testator’s will. By paragraph “ Second ” of his will testator devised a certain parcel of real property situated in the County of Kings to his surviving spouse together with the household furniture therein. No issue is presented with respect to said property inasmuch as the parcel of real property was owned by testator and his wife as tenants by the entirety and she became vested with the entire ownership thereof upon his death. The bequest…

2Cases cited5 opinions

  1. In re the Estate of SchmidtNew York Surrogate's Court · 1938
  2. In Re the Construction of the Will of SchmidtNew York Court of Appeals · 1940
  3. In re the Estate of LevyNew York Surrogate's Court · 1939
  4. In re the Accounting of Chemical Bank & Trust Co.New York Surrogate's Court · 1950
  5. In re the Accounting of Lincoln Rochester Trust Co.New York Surrogate's Court · 1948

3Cited by5 opinions

  1. In re the Estate of BauerNew York Surrogate's Court · 1967
  2. In re the Estate of SernauNew York Surrogate's Court · 1962
  3. In re the Estate of AaronsonAppellate Division of the Supreme Court of the State of New York · 1963
  4. In re the Estate of GikaNew York Surrogate's Court · 1961
  5. Cranley v. SchirmerConnecticut Superior Court · 1967

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