In re the Estate of Ellis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ritter, J. P.
This appeal concerns a family dispute over the last will and testament of the decedent, Laurel G. Ellis. We are asked to determine whether various actions undertaken by the decedent’s sons, Richard L. Ellis and John C. Ellis, Jr. (hereinafter the respondents), in relation to the probate of the will violated the in terrorem clause contained in the ninth paragraph of the will. We find that, based on the intent of the testator, the respondents’ actions violated the in terrorem clause and therefore the respondents have forfeited their right to take under the will.…
2Cases cited18 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In Re the Probate of the Will of CookNew York Court of Appeals · 1926
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1930
- Williams v. . JonesNew York Court of Appeals · 1901
- Fell v. McCreadyAppellate Division of the Supreme Court of the State of New York · 1932
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
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- Oakes v. MukaAppellate Division of the Supreme Court of the State of New York · 2006
- Tumminello v. BoltenAppellate Division of the Supreme Court of the State of New York · 2009
- In re the Estate of SingerAppellate Division of the Supreme Court of the State of New York · 2008
22 more not listed; retrieve them via the Exa API.