Legal Opinion

Newman v. Dore

New York Court of Appeals

Decided July 13, 1937PublishedCited by 153 opinions

1Opinion of the CourtLehman, J.

The Decedent Estate Law (Cons. Laws, ch. 13, arts. 2,3) regulates the testamentary disposition and the descent and distribution of the real and personal property of decedents. It does not limit or affect disposition of property inter vivas. In terms and in intent it applies only to decedents’ estates. Property which did not belong to a decedent at his death and which does not become part of his estate does not come within its scope.

The share in the real and personal property of a decedent, not devised or bequeathed, which a husband or wife takes is now fixed by section 83 of the Decedent…

2Cases cited19 opinions

  1. Bullen v. WisconsinSupreme Court of the United States · 1916
  2. Superior Oil Co. v. Mississippi Ex Rel. KnoxSupreme Court of the United States · 1930
  3. Jenkins v. MoyseNew York Court of Appeals · 1930
  4. Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
  5. Thayer v. ThayerSupreme Court of Vermont · 1842

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3Cited by153 opinions

  1. Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
  2. Edgar v. FitzpatrickSupreme Court of Missouri · 1964
  3. Johnson v. La Grange State BankIllinois Supreme Court · 1978
  4. Bongaards v. MillenMassachusetts Supreme Judicial Court · 2003
  5. Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945

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