Legal Opinion

In re the Estate of Liberman

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

Decided October 29, 1957PublishedCited by 9 opinions

1Opinion of the CourtRabin, J.

This is an appeal from a decree of the Surrogate granting the application of the petitioner-respondent pursuant to section 18 of the Decedent Estate Law, to take an elective share of the estate as widow of the decedent. The will of the decedent created a trust of one third of the residuary estate from which said petitioner was to receive income during her lifetime. Under subdivision 1 of section 18 of the Decedent Estate Law, such testamentary provision, with minor adjustments allowable by section 18 (subd. 1, pars, [f], [h]), precludes any right of election in the surviving spouse.…

2Cases cited8 opinions

  1. Pierce v. . PierceNew York Court of Appeals · 1877
  2. In re the Estate of WittnerNew York Court of Appeals · 1950
  3. In Re the Estate of PhillipsNew York Court of Appeals · 1944
  4. In Re the Will of SliterNew York Court of Appeals · 1941
  5. In re the Estate of RichardsNew York Surrogate's Court · 1934

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

3Cited by9 opinions

  1. Elgar v. ElgarSupreme Court of Connecticut · 1996
  2. In re the Estate of SunshineAppellate Division of the Supreme Court of the State of New York · 1976
  3. Ranieri v. RanieriAppellate Division of the Supreme Court of the State of New York · 1989
  4. Lieberman v. LiebermanNew York Supreme Court · 1992
  5. In re the Estate of HartNew York Surrogate's Court · 1967

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

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