Legal Opinion

In re the Estate of Cooper

New York Surrogate's Court

Decided December 19, 1990PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Vincent Pizzuto, J.

May a survivor of a homosexual relationship, alleged to be a “spousal relationship”, claim spousal rights against decedent’s *283will, pursuant to or similar to those granted to a "surviving spouse” by EPTL 5-1.1?

The answer is: "No.”

Mr. Ernest Chin seeks a judgment declaring him to have the rights of a surviving spouse in the event that a hearing in this matter would establish that he and the decedent, Mr. Cooper, maintained a "spousal relationship.”

Mr. Chin alleges that from approximately the middle of 1984 until the decedent’s death, on February 19, 1988,…

2Cases cited7 opinions

  1. Hicks v. MirandaSupreme Court of the United States · 1975
  2. Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
  3. Baker v. NelsonSupreme Court of Minnesota · 1971
  4. Anonymous v. AnonymousNew York Supreme Court · 1971
  5. People v. AllenNew York Court of Appeals · 1970

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

3Cited by5 opinions

  1. In re the Estate of CooperAppellate Division of the Supreme Court of the State of New York · 1993
  2. Hernandez v. RoblesNew York Supreme Court · 2005
  3. Raum v. Restaurant Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Donaldson v. StateMontana Supreme Court · 2012
  5. Donaldson v. State of MontanaMontana Supreme Court · 2012

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