Legal Opinion

In re the Estate of Hearn

New York Surrogate's Court

Decided February 5, 1936PublishedCited by 24 opinions

1Opinion of the Court

Wingate, S.

The present proceeding, ostensibly instituted under the authority of sections 145 and 145-a of the Surrogate’s Court Act, seeks a variety of determinations in the interest of the surviving spouse of the decedent. In the order enumerated in the prayer for relief, these are, first, that the will of the decedent did not make such provision for his surviving spouse as to bar her rights to elect to take in contravention of its terms; second, that she is entitled to take her intestate share of the estate outright; third, that if the court decide that the provisions of the will are…

2Cases cited40 opinions

  1. Marie v. . GarrisonNew York Court of Appeals · 1880
  2. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  3. In Re Proving the Will of MountNew York Court of Appeals · 1906
  4. Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
  5. Ludington v. PattonWisconsin Supreme Court · 1901

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

3Cited by24 opinions

  1. Estate of ArbuckleCalifornia Court of Appeal · 1950
  2. In re the Estate of LusherNew York Surrogate's Court · 1936
  3. In re the Estate of GrubeNew York Surrogate's Court · 1938
  4. In re the Accounting of DugoffNew York Surrogate's Court · 1950
  5. In re the Estate of BakerNew York Surrogate's Court · 1937

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

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