Legal Opinion

In re the Estate of Willey

New York Surrogate's Court

Decided February 20, 1976Published

1Opinion of the Court

Michael A. Telesca, S.

In this proceeding for an interim judicial settlement of his account the executor seeks a determination of the validity of an election under EPTL 5-3.3 made by the testatrix’s surviving daughter against an excessive charitable disposition. The testatrix died on May 15, 1972, leaving a will dated March 6, 1972, which was admitted to probate on January 12, 1973. The will makes no preresiduary bequests and provides in pertinent part as follows:

"Third: During my lifetime, I have expended considerable sums of money for the maintenance and welfare of my daughter, Betty…

2Cases cited9 opinions

In re the Estate of CairoAppellate Division of the Supreme Court of the State of New York · 1970
In re the Estate of CairoNew York Court of Appeals · 1971
In re the Estate of RothkoNew York Surrogate's Court · 1972
Commissioner of Welfare of City of N.Y. v. JacksonNew York Court of Appeals · 1934
In re Estate of NorcrossNew York Surrogate's Court · 1971

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