Legal Opinion
In re the Estate of Griffiths
New York Surrogate's Court
Decided January 18, 1963PublishedCited by 5 opinions
1Opinion of the Court
Harry Gr. Herman, S.
The surviving spouse has petitioned under section 145-a of the Surrogate’s Court Act for a determination as to the validity of her right of election pursuant to section 18 of the Decedent Estate Law to take her intestate share. The only issue presented for determination is whether or not at the death of decedent petitioner was barred from asserting any right of election by reason of a prenuptial agreement and a postnuptial agreement whereby she waived such right of election. Petitioner contends that the agreements were revoked by testator prior to his death.
Decedent has…
2Cases cited5 opinions
- Irving Trust Co. v. DaySupreme Court of the United States · 1942
- Wilkins v. . EarleNew York Court of Appeals · 1870
- Matter of Glenram Wine Liquor Corp. v. O'ConnellNew York Court of Appeals · 1946
- In Re the Accounting of ColaciNew York Court of Appeals · 1942
- MacRae ex rel. MacRae v. Chelsea Fibre MillsAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by5 opinions
- In re the Estate of HenkenNew York Surrogate's Court · 1988
- Inre the Estate of WhitefordNew York Surrogate's Court · 1969
- First National Bank v. United StatesDistrict Court, D. Maine · 1966
- In re the Estate of SchwartzNew York Surrogate's Court · 1978
- Estate of Patterson v. CommissionerUnited States Tax Court · 1983