Legal Opinion

In re the Estate of D'Onofrio

New York Surrogate's Court

Decided November 22, 1978PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Bertram R. Gelfand, S.

This is a motion by the administrator seeking summary judgment dismissing a proceeding in which proceeding the petitioner seeks, pursuant to SCPA 711, to revoke letters of administration issued to movant on January 10, 1962.

Decedent died November 21, 1961. Petitioner in this proceeding is a niece and distributee of decedent under the law applicable on the date of decedent’s death (Decedent Estate Law, § 83). This proceeding was instituted on January 19, 1978. The basis for the relief sought is an allegation that respondent obtained his letters of…

2Cases cited16 opinions

  1. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  2. Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
  3. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  4. In re the Estate of BarabashNew York Court of Appeals · 1972
  5. Kerr v. . KerrNew York Court of Appeals · 1869

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3Cited by2 opinions

  1. Blackburn v. BlackburnNew York Supreme Court · 1982
  2. In re the Estate of BoscoNew York Surrogate's Court · 1980

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