Legal Opinion

Fiebiger v. Provisions of Last Will & Testament of Denison

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 1938PublishedCited by 4 opinions

1Opinion of the CourtCrapser, J.

This is an appeal from a decree of the surrogate of Albany county in a proceeding authorized by and brought pursuant to the provisions of section 145-a of the Surrogate’s Court Act to obtain a determination as to the validity and effect of an alleged election of Mary Louise Denison, widow of the decedent, Melvin J. Denison, to take an intestate share in his estate against the provisions of his will, under section 18 of the Decedent Estate Law.

The facts in the case were stipulated and were as follows:

Melvin J. Denison, a widower, and Mary Louise Denison, a widow, were married on June 2,1926.…

2Cases cited5 opinions

  1. Heller v. PopeNew York Court of Appeals · 1928
  2. Schoonmaker v. . HoytNew York Court of Appeals · 1896
  3. In re the Estate of MooreNew York Surrogate's Court · 1937
  4. Sandberg v. ReillyAppellate Division of the Supreme Court of the State of New York · 1928
  5. In re the Estate of ShapiroNew York Surrogate's Court · 1935

3Cited by4 opinions

  1. Marine Midland Bank-New York v. BatsonNew York Supreme Court · 1972
  2. In re the Estate of MarkelNew York Surrogate's Court · 1940
  3. In re the Estate of SchwimmerNew York Surrogate's Court · 1944
  4. In re the Estate of LeRoyNew York Surrogate's Court · 1983

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