Legal Opinion
In re the Estate of O'Shea
New York Surrogate's Court
Decided January 21, 1965PublishedCited by 2 opinions
1Opinion of the Court
Pierson R. Hildreth, S.
This is a motion for summary judgment to dismiss a petition for determination of the validity of a right of election which a surviving wife seeks to exercise in the estate of her deceased husband. The basis of the motion is that any right of election to take as in intestacy is barred because of default to exercise it within the statutory 6 months’ period after issuance of letters, or to apply to the court for relief from such default within 12 months after issuance of letters. The motion is granted.
Decedent died October 25, 1961 leaving a will dated February 25, 1961…
2Cases cited9 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Meigs v. . RobertsNew York Court of Appeals · 1900
- Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
- Dodds v. McColganAppellate Division of the Supreme Court of the State of New York · 1930
- In re the Estate of GoldsteinNew York Surrogate's Court · 1941
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Downes v. DownesCourt of Special Appeals of Maryland · 2004
- In re the Estate of WojnowskiNew York Surrogate's Court · 1987