Legal Opinion
In re the Estate of Daly
New York Surrogate's Court
Decided February 27, 1978PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Lawrence E. Kahn, S.
In this contested probate proceeding the objectants, decedent’s three children, have moved for summary judgment pursuant to CPLR 3212 seeking the dismissal of the petition for probate.
The instrument offered for probate is dated December 29, 1976. Decedent died on Feburary 23, 1977 in Acapulco, Hex*242ico, survived, by his three objecting adult children, all residing in Wisconsin, and a spouse from whom he was separated pursuant to a separation agreement dated February 24, 1976. After bequeathing the sum of $5,000 to his estranged wife, and $1,000 to each of…
2Cases cited16 opinions
- Lewis v. . LewisNew York Court of Appeals · 1854
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- In Re the Probate of the Will of BernseeNew York Court of Appeals · 1894
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3Cited by2 opinions
- In Re the Estate of YenAppellate Division of the Supreme Court of the State of New York · 2015
- In re the Estate of LevyAppellate Division of the Supreme Court of the State of New York · 1991