Legal Opinion
In re the Estate of Colby
New York Surrogate's Court
Decided March 27, 2001PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
The issue in this application to compel the production of *696documents in the estate of Nathaniel Colby is whether the executrix, Ruth Goldberg, may waive decedent’s attorney-client privilege.
The question arises in connection with an action for fraud brought in the Supreme Court by Mrs. Goldberg as decedent’s guardian under article 81 of the Mental Hygiene Law about a year before decedent’s death at the age of 94. The basis of the complaint is that the defendant, to whom decedent had sold his majority interest in a closed corporation (Solgar Co.) in 1990,…
2Cases cited10 opinions
- Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991
- Priest v. HennessyNew York Court of Appeals · 1980
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Westover v. . Aetna Life Ins. Co.New York Court of Appeals · 1885
- In re the Estate of LevinskyAppellate Division of the Supreme Court of the State of New York · 1965
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3Cited by2 opinions
- Mayorga v. TateAppellate Division of the Supreme Court of the State of New York · 2002
- Brunton v. KrugerAppellate Court of Illinois · 2014