In re Estate of Brumer
Appellate Division of the Supreme Court of the State of New York
1Concurring in part, dissenting in part
Cohalan, J. (concurring in part and dissenting in part).
I concur as to the dismissal of the appeals from the decisions, but otherwise dissent and vote to reverse the order and grant the motion to dismiss the objection.
The narrow issue presented on this appeal is: Does a nondistributee legatee have standing to file objections to the probate of a will or of any portion thereof?
Michael Brumer, the testator, by his last will and testament, disposed of his estate, both real and personal, by devising and bequeathing two thirds of it to his son, Marshall J. Brumer, and one third to a friend, Mildred…
2Cases cited11 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- In re the Estate of WeinstockNew York Court of Appeals · 1976
- In re EnnisNew York Surrogate's Court · 1929
- In re the Probate of the Will of HaddockNew York Surrogate's Court · 1960
- In re the Estate of HartNew York Surrogate's Court · 1918
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