Legal Opinion

In re the Estate of Breistol

Appellate Division of the Supreme Court of the State of New York

Decided July 30, 2009PublishedCited by 7 opinions

1Opinion of the Court

Rose, J.E

Appeals (1) from a decree of the Surrogate’s Court of Essex County (Meyer, S.), entered April 16, 2008, which, in a proceeding pursuant to SCPA 2103, among other things, adjudged that certain personal property was not an asset of the estate, and (2) from a decree of said court, entered October 24, 2008, which sanctioned petitioner for frivolous conduct.

Martha Breistol died after she was bequeathed a motorcycle under the will of Valentine Fust, who had predeceased her. When respondent, Fust’s nephew, presented a certificate of title and claimed ownership of the motorcycle, petitioner…

2Cases cited11 opinions

  1. In re the Estate of WoodNew York Court of Appeals · 1981
  2. In re the Estate of SaxtonAppellate Division of the Supreme Court of the State of New York · 2000
  3. Gaeta v. MorganAppellate Division of the Supreme Court of the State of New York · 1991
  4. J & J Structures, Inc. v. Callanan Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Navin v. MosqueraAppellate Division of the Supreme Court of the State of New York · 2006

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

3Cited by7 opinions

  1. In re the Estate of CurtisAppellate Division of the Supreme Court of the State of New York · 2011
  2. In re the Trust Made by GilesAppellate Division of the Supreme Court of the State of New York · 2010
  3. Yankee Lake Preservation Ass'n v. SteinAppellate Division of the Supreme Court of the State of New York · 2009
  4. In re the Estate of PutnamAppellate Division of the Supreme Court of the State of New York · 2009
  5. In re the Estate of NealonAppellate Division of the Supreme Court of the State of New York · 2013

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

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