Legal Opinion
In re the Estate of Prescott
New York Surrogate's Court
Decided March 31, 1949PublishedCited by 2 opinions
1Opinion of the Court
Peterson, S.
In the proceeding for the judicial settlement of the accounts herein, a determination is sought as to the validity of a notice of election to take against the will of Katherine Prescott, deceased. The will was admitted to probate November 28, 1941, and letters testamentary granted to John W. Prescott, the executor who was also the surviving spouse of Katherine Prescott.
On December 30, 1941, Mr. John W. Prescott caused to be filed in the Herkimer County Surrogate’s Office a notice of election to take against the will. There was no proof of service of the notice filed, the executor…
2Cases cited22 opinions
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Matter of ByrnesNew York Court of Appeals · 1933
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- In re MatthewsAppellate Division of the Supreme Court of the State of New York · 1938
17 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Accounting of DugoffNew York Surrogate's Court · 1950
- In re the Estate of ColinAppellate Division of the Supreme Court of the State of New York · 2005