Legal Opinion

In re the Estate of Schwartz

New York Surrogate's Court

Decided April 11, 1978PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Louis D. Laurino, S.

The decedent’s widow has petitioned for letters of administration. A daughter by a previous marriage has filed objections to the appointment on the grounds that the widow has *1025no interest in the estate by virtue of an antenuptial agreement that the widow and the decedent executed. The widow now moves to dismiss the objections as a matter of law, while the daughter, in effect, moves to dismiss the petition as a matter of law.

The widow moves on two grounds. The first of these is that the agreement was revoked by the decedent during his lifetime. The only…

2Cases cited4 opinions

  1. In re the Estate of GriffithsNew York Surrogate's Court · 1963
  2. In re the Estate of RosenbaumNew York Surrogate's Court · 1961
  3. In re the Estate of StoegerAppellate Division of the Supreme Court of the State of New York · 1962
  4. In re the Estate of StarrNew York Surrogate's Court · 1960

3Cited by1 opinion

  1. In re Estate of SchwartzAppellate Division of the Supreme Court of the State of New York · 1979

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