Legal Opinion
In re the Estate of Mirsky
New York Surrogate's Court
Decided April 29, 1992PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Lee L. Holzman, J.
In this SCPA 2103 discovery proceeding, the administrator, *279decedent’s son, initially sought to recover from respondent, his sister, the proceeds from 13 bank accounts totaling $249,235.85 as well the proceeds of a life insurance policy in the face amount of $10,000. Petitioner alleged that respondent obtained the withdrawals from the accounts and the change of beneficiary on the insurance policy as a result of fraud and undue influence. To the extent that the answer responded to the merits of the litigation, respondent essentially denied the material…
2Cases cited20 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Kleinberg v. HellerNew York Court of Appeals · 1976
- In re the Estate of FilfileyNew York Surrogate's Court · 1970
- Blackmon v. Estate of BattcockNew York Court of Appeals · 1991
- Beakes Dairy Co. v. BernsAppellate Division of the Supreme Court of the State of New York · 1908
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3Cited by2 opinions
- In re the Estate of LaPineNew York Surrogate's Court · 2003
- In re the Estate of LaPineAppellate Division of the Supreme Court of the State of New York · 2005