Legal Opinion

In re the Estate of Kupofsky

New York Surrogate's Court

Decided November 30, 1951PublishedCited by 4 opinions

1Opinion of the Court

Rubenstein, S.

The court is asked to validate the service and filing of a notice of election by the surviving spouse to take against the testatrix’ will as more than six months have elapsed since the issuance of letters testamentary (Decedent Estate Law, § 18, subd. 7) and the time to make such election was not enlarged by an order.

The will was probated on June 20, 1950. Service of a copy of the notice of election was made upon the executrix on June 19, 1951, and proof of such service and the notice of election were filed on June 20,1951. The spouse by petition dated, sworn to, and filed on…

2Cases cited15 opinions

  1. Mohrmann v. KobNew York Court of Appeals · 1943
  2. Merrick v. MerrickNew York Court of Appeals · 1934
  3. Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
  4. Claim of Cheesman v. CheesmanNew York Court of Appeals · 1923
  5. Claim of O'Esau v. E. W. Bliss Co.Appellate Division of the Supreme Court of the State of New York · 1919

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3Cited by4 opinions

  1. In re the Accounting of Public Administrator of King CountyNew York Surrogate's Court · 1956
  2. In re the Estate of KlineNew York Surrogate's Court · 1969
  3. In re the Accounting of RosenNew York Surrogate's Court · 1958
  4. In re the Estate of SilvermanNew York Surrogate's Court · 1973

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