Legal Opinion

In re the Estate of Lupka

New York Surrogate's Court

Decided May 7, 1968PublishedCited by 7 opinions

1Opinion of the Court

John M. Keane, S.

Cora Lupka died October 29, 1965 from the effects of an assault committed by her husband, Stanley, earlier in the month. Shortly after the assault Stanley was committed to the Binghamton State Hospital as a mentally ill person. He is still there. A charge of assault in the first degree is still pending against him.

By her will admitted to probate in this court, Cora Lupka left one third of her property to her husband Stanley. Under the circumstances of her death, should he receive his share of her estate? The special guardian for Stanley answers in the affirmative but the…

2Cases cited7 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. Bierbrauer v. MoranAppellate Division of the Supreme Court of the State of New York · 1935
  3. In re the Estate of SparksNew York Surrogate's Court · 1939
  4. In re the Accounting of StanleyNew York Surrogate's Court · 1945
  5. In re the Accounting of SengilloNew York Surrogate's Court · 1954

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Turner v. Estate of TurnerIndiana Court of Appeals · 1983
  2. In re the Estate of LoudNew York Surrogate's Court · 1972
  3. In re the Estates of FitzsimmonsNew York Surrogate's Court · 1970
  4. John R. Armstrong v. Terry L. ArmstrongMississippi Supreme Court · 2015
  5. In re DemesyeuxNew York Surrogate's Court · 2013

2 more not listed; retrieve them via the Exa API.

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