In re the Estate of Clark
New York Court of Appeals
1Opinion of the Court
Chief Judge Fuld.
This appeal poses an interesting and important question concerning a widow’s right of election to take against her husband’s will. More particularly, may her husband, domiciled in a foreign state, by selecting New York law to regulate his testamentary dispositions, cut off or otherwise affect the more favorable right given his widow to elect by the law of their domicile?
In the case before us, Robert V. Clark, Jr., died in October of 1964, domiciled in Virginia, and there his widow continues to reside. His estate, consisting of property in Virginia and in New York, had an…
2Cases cited9 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
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- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
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