Legal Opinion
In re the Estate of Cosentino
New York Surrogate's Court
Decided July 23, 1998PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Lee L. Holzman, J.
Petitioner, the absentee’s spouse, seeks a determination pursuant to EPTL 2-1.7 that the absentee died on July 17, 1994, the date of his disappearance, and the issuance of letters of administration to herself. The primary issue is whether the *630absentee is to be declared dead at or about the time that he disappeared or three years from that date.
A hearing was held in which the petitioner, one of the absentee’s former spouses, the guardian ad litem for the absentee, and the guardian ad litem for three of the absentee’s infant children all participated. The…
2Cases cited7 opinions
- Connor v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
- In re Ketcham's EstateNew York Surrogate's Court · 1889
- Saint Calle v. Prudential Insurance Co. of AmericaDistrict Court, S.D. New York · 1993
- Chiaramonte v. ChiaramonteNew York Supreme Court · 1981
- The Praetorians v. PhillipsSupreme Court of Oklahoma · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of CosentinoNew York Surrogate's Court · 1999
- Matter of McCormackAppellate Division of the Supreme Court of the State of New York · 2018