Legal Opinion

In re Estate of Dewey

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1975PublishedCited by 1 opinion

1Opinion of the Court

Decree of the Surrogate’s Court, New York County, entered January 7, 1975, affirmed. Respondents-Respondents shall recover of appellant $60 costs and disbursements of this appeal. We agree with the well-reasoned opinion of the Surrogate. EPTL 5-3.3 (subd [a]) provides in clear and unambiguous language that dispositions for charitable and certain other purposes, if contested by the testator’s surviving issue or parents, are valid only to the extent of one half of the testator’s estate "wherever situated”. While the words "wherever situated” were not contained in the prior statute (Decedent’s…

2Cases cited6 opinions

  1. Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
  2. In re the Transfer Tax upon the Estate of CarnegieAppellate Division of the Supreme Court of the State of New York · 1922
  3. Decker v. . VreelandNew York Court of Appeals · 1917
  4. In Re the Transfer Tax Upon the Estate of CarnegieNew York Court of Appeals · 1923
  5. In re the Estate of GaubertNew York Surrogate's Court · 1937

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3Cited by1 opinion

  1. In re the Estate of DeweyNew York Court of Appeals · 1976

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