Legal Opinion

In re the Estate of Sunshine

New York Court of Appeals

Decided October 19, 1976PublishedCited by 30 opinions

1Opinion of the Court

Memorandum. Order affirmed, with costs to all parties filing briefs payable out of the estate.

The rule with respect to antenuptial agreements in this State places no special evidentiary or other burden on the party to the agreement, or one on his or her behalf, who seeks to sustain the agreement (see Matter of Davis, 20 NY2d 70, 76; Matter of Phillips, 293 NY 483, 491). Even if one allow credit, as one should, for the opportunities of the Trial Judge, whose conscientious analysis indicated that his responsibilities were carefully executed, this is the kind of case which offers no opportunity…

2Cases cited2 opinions

  1. In Re the Estate of PhillipsNew York Court of Appeals · 1944
  2. In re the Estate of DavisNew York Court of Appeals · 1967

3Cited by30 opinions

  1. Elgar v. ElgarSupreme Court of Connecticut · 1996
  2. Bloomfield v. BloomfieldNew York Court of Appeals · 2001
  3. Avitzur v. AvitzurNew York Court of Appeals · 1983
  4. In Re the Estate of GreiffNew York Court of Appeals · 1998
  5. Prudential Insurance Co. of America v. BMC Industries, Inc.District Court, S.D. New York · 1986

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