Legal Opinion

In re the Estate of Wilhelm

New York Surrogate's Court

Decided January 20, 1987PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph S. Mattina, S.

A motion has been brought before this court to determine whether a domicile of the decedent was changed from New York State to Texas. The facts indicate that on July 5, 1983, the decedent, Edwin Wilhelm, signed a power of attorney appointing his grandson, Joseph H. Riether, as his attorney-in-fact. The document was in standard form with a clause stating "This Power of Attorney shall not be affected by the subsequent disability or incompetence of the principal.”

Around August of 1983, Mr. Wilhelm’s mental and physical *449condition deteriorated as he was…

2Cases cited5 opinions

  1. Corr v. Westchester County Department of Social ServicesNew York Court of Appeals · 1973
  2. In re the Probate of the Will of WebberNew York Surrogate's Court · 1946
  3. Arens v. ShainswitAppellate Division of the Supreme Court of the State of New York · 1971
  4. David v. ShainswitNew York Court of Appeals · 1971
  5. Gibbs v. BergerAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by3 opinions

  1. Rice v. FloydKentucky Supreme Court · 1989
  2. In re the Estate of BonoraNew York Surrogate's Court · 2014
  3. Rice v. FloydKentucky Supreme Court · 1989

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