In re the Estate of Cooper
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mangano, P. J.
The question to be resolved on this appeal is whether the survivor of a homosexual relationship, alleged to be a "spousal relationship”, is entitled to a right of election against the decedent’s will, pursuant to EPTL 5-1.1. In our view, the question must be answered in the negative.
I
William Thomas Cooper died on February 19, 1988. The decedent died testate, leaving everything to the petitioner as a specific and residuary legatee, with the exception of certain real estate, allegedly constituting over 80% of the value of the estate, which was left to a former…
2Cases cited12 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
- Hicks v. MirandaSupreme Court of the United States · 1975
- Bowers v. HardwickSupreme Court of the United States · 1986
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
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- Samuels v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2006
- Lewis v. New York State DepartmentAppellate Division of the Supreme Court of the State of New York · 2009
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