Legal Opinion

In Re the Estate of Phillips

New York Court of Appeals

Decided November 30, 1944PublishedCited by 37 opinions

1Opinion of the CourtLewis, J.

Brewer D. Phillips died testate on January 30, 1941, at the age of eighty-three years. Within a month thereafter his widow, Anna Hi Merrill Phillips, then eighty-one years of age, was adjudged incompetent. She died on May 7, 1943. In the meantime, on April 14, 1941, during the intervening period of her incompetency, her committee instituted the present proceeding to establish her right by election under section 18 of the Decedent Estate Law to take an intestate share of her deceased husband’s estate against the provisions of his will.

In its answer to the committee’s petition the executor of…

2Cases cited11 opinions

  1. Pierce v. . PierceNew York Court of Appeals · 1877
  2. De Cicco v. . SchweizerNew York Court of Appeals · 1917
  3. Cochran v. TaylorNew York Court of Appeals · 1937
  4. Jones v. McGonigleSupreme Court of Missouri · 1931
  5. Juhasz v. JuhaszOhio Supreme Court · 1938

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3Cited by37 opinions

  1. Elgar v. ElgarSupreme Court of Connecticut · 1996
  2. In Re the Estate of GreiffNew York Court of Appeals · 1998
  3. In re the Estate of SunshineNew York Court of Appeals · 1976
  4. In re the Estate of SunshineAppellate Division of the Supreme Court of the State of New York · 1976
  5. Panossian v. PanossianAppellate Division of the Supreme Court of the State of New York · 1991

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