Legal Opinion
In re the Estate of Cotter
New York Surrogate's Court
Decided April 30, 1936PublishedCited by 6 opinions
1Opinion of the Court
Wingate, S.
The questions of law raised by the objections to the account are interesting by reason of the extreme rarity of their occurrence. They involve the legal incidents of ownership inherent in a joint tenancy of property as distinguished from a tenancy in common on the one hand and a tenancy by the entirety, on the other.
Concerning questions of this character, the Appellate Division for the Third Department in Loker v. Edmans (204 App. Div. 223, 228) cites with approval, and perhaps enthusiasm, the observations of Schouler (Pers. Prop. [5th ed.] § 167): “ If the doctrines of a joint and…
2Cases cited12 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- In Re the Transfer Tax Upon the Estate of McKelwayNew York Court of Appeals · 1917
- Overheiser v. . LackeyNew York Court of Appeals · 1913
- In Re the Transfer Tax Upon the Estate of KlatzlNew York Court of Appeals · 1915
- In Re the Estate of SuterNew York Court of Appeals · 1932
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gazes v. Roswick (In Re Roswick)United States Bankruptcy Court, S.D. New York · 1999
- In re the Estate of BroganNew York Surrogate's Court · 1937
- In re GeorgeAppellate Division of the Supreme Court of the State of New York · 1939
- In re the Estate of KearneyNew York Surrogate's Court · 1939
- In re the Estate of RushakNew York Surrogate's Court · 1966
1 more not listed; retrieve them via the Exa API.