Legal Opinion

In re the Estate of Seaman

New York Surrogate's Court

Decided February 13, 1990PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

C. Raymond Radigan, J.

Does a stepmother’s failure to inform decedent’s children they were remembered in their father’s will give rise to a cause of action to recover damages for emotional distress? If so, may that proceeding and one to recover their legacy be maintained by the children against the executors of the stepmother’s estate 19 years after the father’s death? Answers to these questions are required by this motion for dismissal of a proceeding to compel an accounting on the grounds the claims are barred by the Statute of Limitations and loches and for the reason…

2Cases cited10 opinions

  1. Fischer v. MaloneyNew York Court of Appeals · 1978
  2. In re the Estate of BarabashNew York Court of Appeals · 1972
  3. Butler v. . JohnsonNew York Court of Appeals · 1888
  4. Weiss v. Mayflower Doughnut Corp.New York Court of Appeals · 1956
  5. In re the Estate of AshheimAppellate Division of the Supreme Court of the State of New York · 1906

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3Cited by3 opinions

  1. In re the Estate of WinneAppellate Division of the Supreme Court of the State of New York · 1996
  2. Nobile v. SchwartzDistrict Court, S.D. New York · 2003
  3. In re the Estate of SbuttoniAppellate Division of the Supreme Court of the State of New York · 2005

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