Legal Opinion

In re the Accounting of Berman

New York Surrogate's Court

Decided May 2, 1951PublishedCited by 5 opinions

1Opinion of the Court

Rubenstein, S.

The first question to be determined in this accounting proceeding is the validity and effect of the notice of election filed by the surviving husband to take against the will. The executor has set up as a bar to the husband’s claim an instrument, dated May 28, 1946, signed by the testatrix and her husband but which was neither acknowledged nor witnessed.

This instrument provided in part that each of the signatories waived and renounced “ any statutory intestate right as surviving spouse, to take or claim any share or part of the estate of the deceased party or any other right,…

2Cases cited7 opinions

  1. Pimpinello v. Swift & Co.New York Court of Appeals · 1930
  2. Amend v. HurleyNew York Court of Appeals · 1944
  3. Rogers v. . PellNew York Court of Appeals · 1898
  4. In re the Estate of MaulNew York Surrogate's Court · 1941
  5. Bristol v. BuckAppellate Division of the Supreme Court of the State of New York · 1922

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

3Cited by5 opinions

  1. In re the Estate of PalmeriNew York Surrogate's Court · 1973
  2. In re the Estate of WarrenAppellate Division of the Supreme Court of the State of New York · 1962
  3. In re the Estate of BernankeNew York Surrogate's Court · 1960
  4. In re the Accounting of ConnollyNew York Surrogate's Court · 1959
  5. In re the Estate of HeldNew York Surrogate's Court · 1963

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