Legal Opinion

In re the Estate of Lavine

New York Surrogate's Court

Decided May 27, 1938PublishedCited by 5 opinions

1Opinion of the Court

Wingate, S.

The present proceeding possesses a certain passing interest by reason of its unusual factual disclosure. The only litigated issue concerns the validity of the asserted right of election of the surviving husband of the decedent to take in contravention of the terms of the will.

The facts asserted on behalf of the attempted elector, which appear to be conceded for purposes of present decision, are that the decedent and the present attempted elector intermarried in the Commonwealth of Massachusetts in September, 1923, and established their matrimonial domicile in that State. In…

2Cases cited24 opinions

  1. Knowlton v. MooreSupreme Court of the United States · 1900
  2. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
  3. In Re Proving the Will of BergdorfNew York Court of Appeals · 1912
  4. In Re the Estate of GreenbergNew York Court of Appeals · 1933
  5. Guillander v. . HowellNew York Court of Appeals · 1866

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3Cited by5 opinions

  1. In re the Estate of JacksonNew York Surrogate's Court · 1941
  2. In re the Accounting of Guaranty Trust Co.New York Supreme Court · 1946
  3. In re the Will of OwensNew York Surrogate's Court · 1945
  4. In re the Estate of JacksonNew York Surrogate's Court · 1941
  5. In re the Probate of the Will of CulleyNew York Surrogate's Court · 1944

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