Legal Opinion

In re the Estate of Braker

New York Surrogate's Court

Decided March 26, 1985PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Renee R. Roth, S.

This proceeding raises a preliminary issue as to this court’s jurisdiction.

The Attorney-General, pursuant to EPTL article 8 and Not-For-Profit Corporation Law articles 5 and 7, petitions for multiple relief. Basically, he requests that the trustees of the Braker Memorial Home (the Home) and the trustees of St. Barnabas Hospital (the Hospital) account to this court for their actions inter se. The Attorney-General seeks this relief on behalf of the ultimate charitable beneficiaries of the Home.

The Home was created pursuant to a direction contained in the…

2Cases cited5 opinions

  1. In re the Estate of PiccioneNew York Court of Appeals · 1982
  2. Maki v. Estate of ZiehmAppellate Division of the Supreme Court of the State of New York · 1977
  3. In re the Estate of GoehringerNew York Surrogate's Court · 1972
  4. In re the Estate of RothkoNew York Surrogate's Court · 1972
  5. In re the Estate of VanderbiltNew York Surrogate's Court · 1981

3Cited by2 opinions

  1. Braker v. Braker Memorial HomeAppellate Division of the Supreme Court of the State of New York · 1986
  2. In re Estate of DuganAppellate Division of the Supreme Court of the State of New York · 1989

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