Legal Opinion
In re the Estate of Mullin
New York Surrogate's Court
Decided April 1, 1932PublishedCited by 43 opinions
1Opinion of the Court
Wingate, S.
Blackstone defines a “ will ” as “ the legal declaration of a man’s intention to be performed after his death.” (Matter of Greenberg, 141 Misc. 874, 881.)
*257“ The right to make a testamentary disposition of property is not an inherent right; nor is it a right guaranteed by the fundamental law. Its exercise to any extent depends entirely upon the consent of the legislature as expressed in their enactments. It can withhold or grant the right, and if it grants it, it may make its exercise and its extent subject to such regulations and requirements as it pleases.” (Matter of Bergdorf, 206…
2Cases cited42 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Urtz v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
37 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- In re the Estate of CurleyNew York Surrogate's Court · 1934
- In re the Estate of HerleNew York Surrogate's Court · 1935
- In re the Accounting of RowlandNew York Court of Appeals · 1956
- In re the Probate of the Will of ReynoldsAppellate Division of the Supreme Court of the State of New York · 1972
- In re the Probate of the Will of WeisbergAppellate Division of the Supreme Court of the State of New York · 1955
38 more not listed; retrieve them via the Exa API.