Legal Opinion

In re the Estate of Noel

New York Surrogate's Court

Decided March 28, 1940PublishedCited by 12 opinions

1Opinion of the Court

Foley, S.

The principal issue in this accounting proceeding involves the disposition of the claim against the estate asserted by Ella C. Noel, the widow of the decedent, for the sum of $7,300. The claim is based upon a separation agreement entered into between the parties by which the husband obligated himself to pay to his wife the sum of fifty dollars per month for her support and for the maintenance of their infant daughter. The defense of the executors is that the wife breached the agreement in a material and important aspect by her refusal to permit the husband to visit his daughter under…

2Cases cited5 opinions

  1. Duryea v. . BlivenNew York Court of Appeals · 1890
  2. Harris v. HarrisAppellate Division of the Supreme Court of the State of New York · 1921
  3. Silkworth v. SilkworthAppellate Division of the Supreme Court of the State of New York · 1938
  4. Krotosky v. KrotoskyAppellate Division of the Supreme Court of the State of New York · 1915
  5. In re the Estate of NutrizioNew York Surrogate's Court · 1931

3Cited by12 opinions

  1. "Lola Almandares" v. "Diego Almandares"New York Family Court · 1946
  2. Magrill v. MagrillAppellate Terms of the Supreme Court of New York · 1959
  3. Moses v. MosesNew York Family Court · 1948
  4. Richards v. RichardsCity of New York Municipal Court · 1956
  5. Abreu v. AbreuNew York City Family Court · 1965

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