Legal Opinion
In re Gardiner
New York Court of Appeals
Decided December 19, 1986PublishedCited by 11 opinions
1Opinion of the Court
*70OPINION OF THE COURT
Kaye, J.
This appeal calls upon us to determine whether the statutory "precautionary addendum” contained in former section 114 of the Domestic Relations Law1 defeats the inheritance of an adopted child. We hold that it does not.
Jonathan T. Gardiner died on August 6, 1933, leaving a will executed January 25, 1932 that was admitted to probate in Suffolk County on September 30, 1933. Jonathan never married and had no children. The will included two testamentary trusts, one for each of his grandnieces, Isabel Gardiner (Mairs) and Frances Delaney Gardiner (Collins). Each…
2Cases cited10 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- In re the Estate of BestNew York Court of Appeals · 1985
- In re the Accounting of Bankers Trust Co.New York Court of Appeals · 1952
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hochberg v. ProctorMassachusetts Supreme Judicial Court · 2004
- In re the Estate of ClamanNew York Surrogate's Court · 2011
- In re the Estate of GrupeAppellate Division of the Supreme Court of the State of New York · 1995
- In re SvenningsenAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Accounting by Fleet BankAppellate Division of the Supreme Court of the State of New York · 2007
6 more not listed; retrieve them via the Exa API.