Legal Opinion · Dissent
In re the Estate of Walker
New York Court of Appeals
Decided February 14, 1985Published
1DissentJasen, J.
The majority candidly concedes that the former Mayor Walker’s personal copies of the respective adoption decrees pertaining to his children were intended to be included as “any and all of my personal property” bequeathed to petitioners by his will, but holds, “[notwithstanding testator’s intent, the legacy may not be given effect because * * * to do so would be contrary to the public policy of New York” (Domestic Relations Law § 114) of protecting “the identity and privacy of the natural parents.”
What public policy is involved in this proceeding where petitioners seek only private personal…
2Cases cited5 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
- In Re the Estate of WilsonNew York Court of Appeals · 1983
- In re the Accounting of MacEwanAppellate Division of the Supreme Court of the State of New York · 1952