Legal Opinion
In re the Estate of Silver
New York Surrogate's Court
Decided January 24, 1973PublishedCited by 7 opinions
1Opinion of the Court
Nathan" R. Sobel, S.
This proceeding raises an issue of virtual representation of unborn contingent remaindermen.
The purpose of the virtual representation statute (SOPA 315) is to dispense with the necessity of service of process on necessary or proper parties. Therefore a threshold determination, before any proof is taken and in anticipation of the nature and impact of the decree, must be made by the court.
Two questions must be answered: “ Does the statute permit virtual representations? ” “If it does, will the virtual representation in this particular proceeding be adequate? ”
The nature of…
2Cases cited27 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Pray v. . HegemanNew York Court of Appeals · 1885
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
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3Cited by7 opinions
- In re the Estate of HollandNew York Surrogate's Court · 1974
- In re the Estate of PutignanoNew York Surrogate's Court · 1975
- In re the Estate of BinghamNew York Surrogate's Court · 1978
- In re the Estate of LawrenceNew York Surrogate's Court · 1980
- In re MercerAppellate Division of the Supreme Court of the State of New York · 2014
2 more not listed; retrieve them via the Exa API.