Legal Opinion
In re the Estate of Park
New York Court of Appeals
Decided May 20, 1965PublishedCited by 27 opinions
1Opinion of the CourtBergan, J.
This appeal involves the relative rights of a natural child and of an adopted child to take under a will. The statute was, at the time relevant to the controversy, explicit on this subject and provided that a foster child “shall have all the rights ’ ’ of the ‘ ‘ relation ” of “ parent and child ’ ’ (Domestic Relations Law, former § 114, re-enacted as § 115 by L. 1938, ch. 606, and renum. § 117 by L. 1961, ch. 147).
The Surrogate has ruled as to the disputed benefits flowing from the will that, of two children, the natural child gets everything, the foster child nothing, and this has been…
2Cases cited11 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Tafel EstateSupreme Court of Pennsylvania · 1972
- In re the Estate of BestNew York Court of Appeals · 1985
- Estate of SykesSupreme Court of Pennsylvania · 1978
- In Re the Accounting of ThompsonSupreme Court of New Jersey · 1969
- Frank G. Johns, Jr. v. Edith Boardman CobbCourt of Appeals for the D.C. Circuit · 1969
22 more not listed; retrieve them via the Exa API.