Legal Opinion
In re the Estate of Rothberg
New York Surrogate's Court
Decided November 30, 1990Published
1Opinion of the Court
OPINION OF THE COURT
Lee L. Holzman, J.
In this probate proceeding, the propounded instrument bequeaths one half of the residuary estate and a legacy of $5,000 to the attorney-draftsman. The draftsman is also the nominated executor. The propounded instrument is dated March 5, *7041980. Decedent died on April 26, 1990 at the age of 81 years. Although the draftsman is one of the decedent’s distributees, he would only receive one tenth of the estate if decedent had died intestate because decedent’s distributees are four sisters and two nephews, including the draftsman, who are the sons of a…
2Cases cited5 opinions
- Gair v. PeckNew York Court of Appeals · 1959
- First National Bank v. BrowerNew York Court of Appeals · 1977
- In Re the Will of PutnamNew York Court of Appeals · 1931
- In re the Estate of TankNew York Surrogate's Court · 1986
- In re the Estate of ArnoldNew York Surrogate's Court · 1983