Legal Opinion

In re Proving the Last Will & Testament of Gaffken

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1921PublishedCited by 26 opinions

Appeal by the contestant, Mary Louise Gaffken, from a decree of the Surrogate's Court of Kings county, entered in the office of the clerk of said court on the 21st day of February, 1921, admitting to probate the paper propounded as the last will and testament of Arthur Henry Gaffken.

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Appeal by the contestant, Mary Louise Gaffken, from a decree of the Surrogate's Court of Kings county, entered in the office of the clerk of said court on the 21st day of February, 1921, admitting to probate the paper propounded as the last will and testament of Arthur Henry Gaffken. The main question turns on the change in the Decedent Estate Law (§ 35, as amd. by Laws of 1919, chap. 293) as to the effect of a marriage of the testator and birth of a son after execution of a will.

1Opinion of the Court

Putnam, J.:

On June 12, 1914, testator made the will probated, in which he gave one-third of his estate to Mary Louise Krom, and *258the remaining two-thirds to his mother, Adelheid Gaffken, and appointed executors. On June fourteenth (two days later) he married this Mary Louise Krom, to whom on February 3,1916, was born the son, William Eugene. Testator died December 10, 1920, leaving as surviving his mother, wife and son. No question is made as to the son, since he stands with the full rights as if the father died intestate.

Before September 1, 1919, there survived in New York an old distinction…

2Cases cited4 opinions

  1. Brush v. WilkinsNew York Court of Chancery · 1820
  2. Lorieux v. KellerSupreme Court of Iowa · 1857
  3. Obecny v. GoetzAppellate Division of the Supreme Court of the State of New York · 1907
  4. In re Proving the Last Will & Testament of CutlerNew York Surrogate's Court · 1921

3Cited by26 opinions

  1. In re the Estate of ErlangerNew York Surrogate's Court · 1930
  2. In Re Ziegner's EstateWashington Supreme Court · 1928
  3. In re the Estate of QuickNew York Surrogate's Court · 1932
  4. In re the Estate of ErlangerNew York Surrogate's Court · 1930
  5. In re the Last Will & Testament of ScolpinoAppellate Division of the Supreme Court of the State of New York · 1931

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