Legal Opinion
In re the Estate of Fisher
New York Surrogate's Court
Decided April 7, 1936PublishedCited by 8 opinions
1Opinion of the Court
Delehanty, S.
On this accounting proceeding a number of contested items require decision.
The election made by the surviving spouse of deceased was validly made. The provisions for her in the will left her free to take outright against the will. (Matter of Byrnes, 141 Misc. 346; affd., 235 App. Div. 782; affd., 260 N. Y. 465.) The court holds that the service upon the executors and their acknowledgment of service indorsed on the back of the original notice plus the tender of the so-indorsed original notice for filing before the expiration of six months after date of letters was adequate…
2Cases cited6 opinions
- Matter of ByrnesNew York Court of Appeals · 1933
- Loder v. . HatfieldNew York Court of Appeals · 1877
- In re the Estate of DevineNew York Surrogate's Court · 1933
- In re the Estate of ByrnesNew York Surrogate's Court · 1931
- In re BalsamoNew York Surrogate's Court · 1930
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tyler Arnold v. ReynoldsWest Virginia Supreme Court · 1938
- In re the Accounting of AdlerNew York Surrogate's Court · 1951
- In re the Accounting of Peoples National Bank & Trust Co.New York Surrogate's Court · 1945
- In re the Estate of OakleyNew York Surrogate's Court · 1940
- In re the Construction of the Will of WittnerNew York Surrogate's Court · 1948
3 more not listed; retrieve them via the Exa API.