Legal Opinion

In re the Estate of Johnson

New York Surrogate's Court

Decided November 3, 1976Published

1Opinion of the Court

George E. Severson, S.

This is an application by a surviving spouse made pursuant to SCPA 2105 to compel the executors of the estate of the decedent to turn over to the petitioner units of Elfun Trust certificates allegedly held in the joint names of decedent and the petitioning spouse and all other assets jointly held together with a Metropolitan Life Insurance policy on the life of decedent of which petitioner is allegedly a beneficiary.

The surviving spouse is not a beneficiary under the will, already admitted to probate, but is mentioned therein by recitals that adequate provision has been…

2Cases cited5 opinions

  1. Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
  2. Capital Newspapers Division — Hearst Corp. v. VanderbiltNew York Supreme Court · 1964
  3. Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
  4. Dairymen's League Cooperative Ass'n v. Du MondNew York Supreme Court · 1952
  5. Kreiling v. Jayne Estates, Inc.New York Supreme Court · 1966

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