Legal Opinion

In re the Estate of Seaman

New York Court of Appeals

Decided November 21, 1991PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

The novel question presented by this appeal is whether the right of an adopted-out child to inherit from his natural family extends to his daughter, the petitioner in this proceeding, who is otherwise qualified to inherit under EPTL 4-1.1, or whether the daughter is precluded by Domestic Relations Law § 117 from sharing in a natural family member’s estate. At stake is an estate of approximately $1 million to be distributed either to petitioner, the half niece of decedent, or to objectants, decedent’s first cousins. The Surrogate found that petitioner was not a…

2Cases cited8 opinions

  1. Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
  2. In re the Estate of BestNew York Court of Appeals · 1985
  3. In re the Estate of LandersNew York Surrogate's Court · 1917
  4. In re the Accounting of FodorNew York Surrogate's Court · 1952
  5. In re the Judicial Settlement of Final Account of Proceedings of PerryNew York Surrogate's Court · 1928

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3Cited by14 opinions

  1. Matter of JacobNew York Court of Appeals · 1995
  2. In Re Estate of MurphyNew York Court of Appeals · 2005
  3. In re BaxterAppellate Division of the Supreme Court of the State of New York · 1994
  4. In re DavisAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. WallaceNew York Court of Appeals · 2018

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