Legal Opinion

In re the Estate of Morrow

New York Surrogate's Court

Decided April 6, 2001PublishedCited by 4 opinions

1Opinion of the Court

*743OPINION OF THE COURT

Lee L. Holzman, J.

In this proceeding to judicially settle the account of the Public Administrator, the five objectants, alleged first cousins of the decedent, assert that they are the decedent’s only distributees and that the estate should be distributed to them pursuant to EPTL 4-1.1 (a) (6). The objectants are required to satisfy the following three-pronged test to establish their status as distributees: (1) they must exclude the possibility that the decedent was survived by any person who would be entitled to inherit from the decedent to the exclusion of first cousins…

2Cases cited4 opinions

  1. In Re the Accounting of LeaskNew York Court of Appeals · 1910
  2. In re the Estate of SeamanNew York Court of Appeals · 1991
  3. In re the Estate of ChaseAppellate Division of the Supreme Court of the State of New York · 1987
  4. In re the Estate of D'AngeloNew York Surrogate's Court · 1988

3Cited by4 opinions

  1. In re DavisAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re JordanAppellate Division of the Supreme Court of the State of New York · 2008
  3. In re the Estates of AdelewitzNew York Surrogate's Court · 2009
  4. In re the Judicial Settlement of the Final Accounts of Manufacturers & Traders Trust Co.New York Surrogate's Court · 2013

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