Legal Opinion

In re the Estate of Fairbairn

Appellate Division of the Supreme Court of the State of New York

Decided February 25, 1977PublishedCited by 6 opinions

1Opinion of the CourtWitmer, J.

The principal questions presented on this appeal are whether the court should exercise its judgment in lieu of that of the incompetent in favor of the petitioners, her two needy sisters, to grant financial assistance to them, and if so, in what manner and to what extent.

In 1968 Helen C. Fairbairn was adjudicated an incompetent person, and appellant Liberty National Bank and Trust Company was appointed committee to manage her estate, then valued at three quarters of a million dollars, including antiques and personal effects. The evidence establishes that Helen is without any possibility of…

2Cases cited13 opinions

  1. Carter v. . BeckwithNew York Court of Appeals · 1891
  2. In Re the Will of HillsNew York Court of Appeals · 1934
  3. Matter of FlaglerNew York Court of Appeals · 1928
  4. In re the Judicial Settlement of the Account of The Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1918
  5. In re CarsonNew York Supreme Court · 1962

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3Cited by6 opinions

  1. In re KarpAppellate Division of the Supreme Court of the State of New York · 1989
  2. Mayorga v. TateAppellate Division of the Supreme Court of the State of New York · 2002
  3. In re KurnykNew York Supreme Court · 1981
  4. In re DanaNew York Supreme Court · 1982
  5. Rosenzweig v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1978

1 more not listed; retrieve them via the Exa API.

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