Legal Opinion
In re the Estate of Anonymous
New York Surrogate's Court
Decided November 10, 1953PublishedCited by 4 opinions
1Opinion of the Court
Frankenthaler, S.
The issue raised herein is whether a person alleged to be illegitimate is entitled to the benefit of section 29 of the Decedent Estate Law, the “ anti-lapse ” statute, as a “ child ” of a legatee. By his will which has heretofore been admitted to probate, decedent bequeathed $2 to each of two brothers, his sole heirs and next of kin, similar amounts to an uncle and a nephew, and the residue to a sister who was also nominated executrix. The sister predeceased the testator leaving surviving a minor child who, it is alleged, was born out of wedlock. Application is now made by…
2Cases cited24 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- In Re the Estate of MillerNew York Court of Appeals · 1888
- In Re the Estate of WalterNew York Court of Appeals · 1936
- Claim of Bell v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1917
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Estate of AnonymousAppellate Division of the Supreme Court of the State of New York · 1955
- Roberto Robles, by His G.A.L., Pablo Robles v. Marion B. Folsom, Federal Security AdministratorCourt of Appeals for the Second Circuit · 1956
- Roberto Robles, by His G.A.L., Pablo Robles v. Marion B. Folsom, Federal Security AdministratorCourt of Appeals for the Second Circuit · 1956
- Smith v. HughesRoanoke County Circuit Court · 1976