Legal Opinion

In re the Estate of Friedrichs

New York Surrogate's Court

Decided March 30, 1965PublishedCited by 1 opinion

1Opinion of the Court

John D. Bennett S.

This is a proceeding pursuant to section 145-a of the Surrogate’s ‘Court Act for determination as to whether the election to take against the will made by George O. Friedrichs, as surviving spouse of Mary E. Friedrichs, deceased, is valid and effective, and for the court to construe paragraph second of the will herein.

The problem presented in this proceeding to determine the validity of the exercise by the widower of the right of election pursuant to section 18 of the Decedent Estate Law arises by reason of the language contained in the following pertinent portion of…

2Cases cited8 opinions

  1. First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
  2. Peck v. . SherwoodNew York Court of Appeals · 1874
  3. In re MatthewsAppellate Division of the Supreme Court of the State of New York · 1938
  4. In re the Estate of SchmidtNew York Surrogate's Court · 1938
  5. In Re the Construction of the Will of SchmidtNew York Court of Appeals · 1940

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3Cited by1 opinion

  1. In re the Estate of CurryNew York Surrogate's Court · 1989

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