Legal Opinion
In re the Estate of Nellenback
New York Surrogate's Court
Decided February 25, 1981PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
George R. Davis, S.
On this petition for the settlement of the administratrix’ account a question has arisen as to the rights of Mary Ellen Nellenback. Sylvester Nellenback died intestate on October 8, 1978, survived by eight adult children and Mary Ellen Nellenback, an infant daughter, born on September 12, 1964 to Ellen Mae Ellsworth, out of wedlock.
There can be no dispute that under current law Mary Ellen is not a distributee entitled to share in intestacy because of the restrictive provisions of EPTL 4-1.2 (“Inheritance by or from illegitimate persons”). There was never…
2Cases cited7 opinions
- In Re the Estate of BurridgeNew York Court of Appeals · 1933
- In re the Estate of LalliNew York Court of Appeals · 1977
- In re the Accounting of the Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1976
- In re WilliamsAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Estate of MacnealNew York Surrogate's Court · 1940
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Reid v. WhiteNew York City Family Court · 1982