Legal Opinion

In re the Estate of Kunc

New York Surrogate's Court

Decided June 30, 1964PublishedCited by 3 opinions

1Opinion of the Court

Harry G. Herman, S.

In this proceeding brought by the widow, pursuant to section 145-a of the Surrogate’s Court Act to determine the validity and effect of her notice to take against the will by intestacy (Decedent Estate Law, § 18), the question presented is whether the provisions of subdivision (A) (13) of article “seventh” of the will deprive the widow of the full income of the trust for her benefit, and, if so, whether she has a limited or general right of election.

The decedent died on October 25, 1963, leaving a will, dated December 21,1962, which was admitted to probate by this court on…

2Cases cited12 opinions

  1. Matter of DurandNew York Court of Appeals · 1928
  2. Matter of ByrnesNew York Court of Appeals · 1933
  3. In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
  4. In Re the Judicial Settlement of the Account of RogersNew York Court of Appeals · 1899
  5. In re the Estate of WittnerNew York Court of Appeals · 1950

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3Cited by3 opinions

  1. In re the Estate of BauerNew York Surrogate's Court · 1967
  2. In re the Estate of JafferNew York Surrogate's Court · 1969
  3. In re the Estate of PlimackNew York Surrogate's Court · 1973

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