Legal Opinion
In re the Estate of Avchin
New York Surrogate's Court
Decided February 14, 1936PublishedCited by 3 opinions
1Opinion of the Court
Wingate, S.
The present proceeding to determine the validity of the election made on behalf of an incompetent spouse to take in contravention of the will of the decedent, possesses interest merely by reason of the fact that the Appellate Division for the Second Department has apparently disagreed (Matter of McGarry, 245 App. Div. 834; affd. without opinion, 270 N. Y. 514) with the results attained by all of the surrogates who have passed upon the same question. (Matter of Germer, 154 Misc. 720, Bronx county; Matter of McGarry, 155 id. 467, Kings county; Matter of Bowker, 157 id. 341, New York…
2Cases cited18 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Newton v. . BronsonNew York Court of Appeals · 1856
- S. W. Scott & Co. v. ScottAppellate Division of the Supreme Court of the State of New York · 1919
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of HarrisNew York Supreme Court · 1962
- In re the Estate of EckenrothNew York Surrogate's Court · 1938
- In re the Estate of PrescottNew York Surrogate's Court · 1949