Legal Opinion
In re the Estate of Niner
New York Surrogate's Court
Decided December 18, 1984PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
This contested probate proceeding raises the issue of the construction to be given to paragraph (9) of EPTL 4-1.1 (a). This paragraph was added in 1971 to the statute governing descent and distribution (EPTL 4-1.1) and includes great-grandparents and their issue as distributees in intestacy in certain limited circumstances, namely, where decedent is an infant or an adjudicated incompetent.
The decedent in this proceeding, Frieda Niner, was not however “an adjudicated incompetent at the date of her death” on May 17,1982. She was instead, as of September…
2Cases cited11 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
- Bankers Trust Co. v. MartinAppellate Division of the Supreme Court of the State of New York · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of von KnapitschAppellate Division of the Supreme Court of the State of New York · 2002
- In re CookAppellate Division of the Supreme Court of the State of New York · 1987