Molloy v. Bane
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Miller, J.
The instant appeal presents a collision of two irreconcilable rules of law. On the one hand, there is a generally recognized right to renounce any and all testamentary or intestate distributions, even when to do so would frustrate one’s creditors. On the other hand, public aid is limited and should be spent only on the truly needy. Here, we hold that the policy considerations underlying the latter rule are of paramount importance. Accordingly, while one may renounce a testamentary or intestate disposition, such a renunciation is not without its consequences for…
2Cases cited16 opinions
- Tucker v. ToiaNew York Court of Appeals · 1977
- Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
- In re the Estate of ScrivaniNew York Supreme Court · 1982
- City School District of Elmira v. New York State Public Employment Relations BoardNew York Court of Appeals · 1989
- Flynn v. BatesAppellate Division of the Supreme Court of the State of New York · 1979
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- DeLuca v. GalloAppellate Division of the Supreme Court of the State of New York · 2001
- Nelda Huebner Leggett, in the Matter of the Estate of Nelda Huebner Leggett, Deceased v. United States v. Patricia Huebner SchuetteCourt of Appeals for the Fifth Circuit · 1997
- Chase v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1998
- In re the Estate of MaierNew York Surrogate's Court · 1998
- In re MatteiNew York Supreme Court · 1996
7 more not listed; retrieve them via the Exa API.