Legal Opinion
In re the Estate of Munch
New York Surrogate's Court
Decided April 10, 1935PublishedCited by 6 opinions
1Opinion of the Court
Foley, S.
The application to vacate the decree granting letters of administration is denied. The claim of the petitioner that he was the adopted son of the decedent has not been supported by *837the evidence. The burden of establishing full compliance with the statute authorizing adoptions is placed upon the claimant. (Smith v. Allen, 161 N. Y. 478; Matter of Thorne, 155 id. 140; Matter of Kirby, 145 Misc. 756.) The most that has been shown here is the so-called indenture executed on March 6, 1893, whereby the asylum placed the petitioner, then an infant, with the decedent and her husband. It…
2Cases cited4 opinions
- Brantingham v. HuffNew York Court of Appeals · 1898
- United States Trust Co. v. HoytAppellate Division of the Supreme Court of the State of New York · 1912
- Smith v. . AllenNew York Court of Appeals · 1900
- In re the Application for Letters of Administration upon the Estate of KirbyNew York Surrogate's Court · 1932
3Cited by6 opinions
- Borner v. LarsonNorth Dakota Supreme Court · 1940
- Harvey-Cook v. NeillAppellate Division of the Supreme Court of the State of New York · 1986
- Smith v. JonesNew York City Family Court · 1964
- People ex rel. Marabottini v. FarrNew York Supreme Court · 1942
- In re the Estate of RiggsNew York Surrogate's Court · 1972
1 more not listed; retrieve them via the Exa API.