Legal Opinion
In re the Estate of Pasternack
New York Surrogate's Court
Decided November 23, 1966PublishedCited by 5 opinions
1Opinion of the Court
S. Samuel Di Falco, S.
This is a petition pursuant to section 217 of the Surrogate’s Court Act to compel the payment of a legacy. The petitioner takes 4% of the residuary estate which amounts to about $400,000. All other legatees have received part payment of their shares except the petitioner. She alleges that she is aged, in need of the money and unless $10,000 is paid to her on account of her legacy which will amount to $20,000 it is very unlikely that she will ever enjoy any of the money.
The answer does not controvert these allegations but alleges as a defense that this legatee is not…
2Cases cited6 opinions
- Donegan v. WadeSupreme Court of Alabama · 1881
- In re the Estate of CroninNew York Surrogate's Court · 1932
- In re the Final Judicial Settlement of the Account of Proceedings of MillerNew York Surrogate's Court · 1922
- In Re the Estate of KiekebuschNew York Court of Appeals · 1926
- In Re the Will of SmythNew York Court of Appeals · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of FairbairnAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of RobbinsNew York Surrogate's Court · 1989
- In Re Estate of SimpsonSuperior Court of Pennsylvania · 1991
- EGW v. First Fed. Sav. Bank of SheridanWyoming Supreme Court · 2018
- In re the Estate of StiehlerNew York Surrogate's Court · 1986