Legal Opinion

In re the Estate of Blake

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

Decided April 19, 2001PublishedCited by 6 opinions

1Opinion of the Court

—Crew III, J.

Appeal from an order of the Surrogate’s Court of Warren County (Austin, S.), entered January 18, 2000, which determined that petitioner was entitled to take an elective share against the estate of his deceased wife.

Petitioner and Patricia S. Blake (hereinafter decedent) were married in June 1971. In April 1972, they executed a mutual waiver of the right of election, each according to the other “the absolute and unrestricted privilege and power to dispose of any and all property on death,” thereby waiving, insofar as is relevant to this appeal, any right of election under EPTL…

2Cases cited3 opinions

  1. Pommer v. Trustco BankAppellate Division of the Supreme Court of the State of New York · 1992
  2. Rosenbaum v. RosenbaumAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re the Estate of SchuellainAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by6 opinions

  1. Town of Poughkeepsie v. EspieAppellate Division of the Supreme Court of the State of New York · 2007
  2. Southern Union Co. v. Southwest Gas Corp.District Court, D. Arizona · 2001
  3. Von Hoffmann v. Prudential Insurance Co. of AmericaDistrict Court, S.D. New York · 2002
  4. Penrose v. PenroseAppellate Division of the Supreme Court of the State of New York · 2005
  5. Essepian v. United Group of Cos., Inc.New York Supreme Court · 2018

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