Legal Opinion
In re the Estate of Schuellain
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2000PublishedCited by 3 opinions
1Opinion of the Court
—Decree unanimously affirmed with costs. Memorandum: Petitioner and Ruth Schuellain (decedent) married in 1957. On December 19, 1985, petitioner executed a waiver of his right of election against decedent’s last will (see, EPTL 5-1.1-A). Following decedent’s death in June 1997, petitioner filed a notice that he was exercising his right of election, and he commenced the instant proceeding pursuant to SCPA 1421 seeking a determination that he is entitled to take his elective share of decedent’s estate.
Surrogate’s Court properly denied the petition and determined that the waiver of petitioner’s…
2Cases cited4 opinions
- In re the Estate of SunshineNew York Court of Appeals · 1976
- In re the Estate of SunshineAppellate Division of the Supreme Court of the State of New York · 1976
- Pommer v. Trustco BankAppellate Division of the Supreme Court of the State of New York · 1992
- In re the Estate of GarbadeAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by3 opinions
- In re the Estate of BlakeAppellate Division of the Supreme Court of the State of New York · 2001
- MATTHEWS AND FIELDS LUMBER CO. v. New England Ins. Co.District Court, W.D. New York · 2000
- In Re the Estate of BordellAppellate Division of the Supreme Court of the State of New York · 2017