Legal Opinion

In re the Estate of Peckolick

New York Surrogate's Court

Decided February 28, 1996PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Renee R. Roth, S.

The proponent of the will of Esther Peckolick seeks a protec*598tive order with respect to a notice to examine under SCPA 1404.

The issue is whether an executor named in a prior will has an unconditional right to conduct such examinations with respect to the propounded will under which his appointment was revoked.

Briefly stated, the relevant facts follow.

Mrs. Peckolick died on July 9, 1995, survived by her daughter, Alexsandra Florsheim, as sole distributee. She was also survived by her granddaughter, Roma Chrustinsky (the child of Alexsandra). Under the…

2Cases cited14 opinions

  1. In re the Estate of WeinstockNew York Court of Appeals · 1976
  2. In re the Estate of HarrisNew York Surrogate's Court · 1984
  3. In re the State of LaflinAppellate Division of the Supreme Court of the State of New York · 1985
  4. In re the Estate of LachmanNew York Surrogate's Court · 1979
  5. In re the Estate of LernerNew York Surrogate's Court · 1973

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In re LermanAppellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Estate of AstorNew York Surrogate's Court · 2008
  3. In re the Estate of BaldwinAppellate Division of the Supreme Court of the State of New York · 2002
  4. In re the Estate of CareyAppellate Division of the Supreme Court of the State of New York · 1997
  5. In re the Estate of EshaghianAppellate Division of the Supreme Court of the State of New York · 2004

4 more not listed; retrieve them via the Exa API.

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