Legal Opinion
In re the Estate of Bernice B.
New York Surrogate's Court
Decided April 7, 1998PublishedCited by 5 opinions
1Opinion of the Court
*551OPINION OF THE COURT
Renee R. Roth, S.
The issue before the court is whether a party to a probate proceeding, whose behavior required the appointment of a guardian ad litem (GAL) (SCPA 103 [40]; 402, 403), may be bound by such guardian’s consent to a settlement — over her own objection — even though she has not been adjudicated as “incapacitated” under article 81 of the Mental Hygiene Law.
By decision dated February 4, 1997, this court traced in detail the bizarre behavior of KB, one of the three children of decedent Bernice B., since the will was propounded on March 13, 1996. Under her will,…
2Cases cited6 opinions
- In re AhoNew York Court of Appeals · 1976
- Sengstack v. SengstackNew York Court of Appeals · 1958
- Wurster v. . ArmfieldNew York Court of Appeals · 1903
- Anonymous v. AnonymousAppellate Division of the Supreme Court of the State of New York · 1957
- In re the Estate of PalestineNew York Surrogate's Court · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- New York Life Insurance v. V.K.Civil Court of the City of New York · 1999
- 1234 Broadway LLC v. Feng Chai LinCivil Court of the City of New York · 2009
- Cheney v. WellsNew York Surrogate's Court · 2008
- In re the Estate of Bernice B.New York Surrogate's Court · 1998
- In re the Estate of GormelyNew York Surrogate's Court · 2003