Legal Opinion
In re the Estate of Stolz
New York Surrogate's Court
Decided December 8, 1932PublishedCited by 10 opinions
1Opinion of the Court
Henderson, S.
In this accounting proceeding one of the matters presented for determination is the validity of the election of the surviving husband to take an intestate share against the provisions of the will under section 18 of the Decedent Estate Law. The effect of that enactment was to prevent the disinheritance of a surviving spouse without consent in a will executed subsequent to August 31, 1930. The right of election is to the intestate share except where such intestate share is the whole estate, in which case the right to elect is limited to an election to take not more than a half of…
2Cases cited4 opinions
- Lapina v. WilliamsSupreme Court of the United States · 1914
- Woollcott v. . ShubertNew York Court of Appeals · 1916
- Wiley v. . Solvay Process Co.New York Court of Appeals · 1915
- Powers v. PowersAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by10 opinions
- In re the Estate of BrownNew York Surrogate's Court · 1934
- In re the Accounting of DooleyNew York Surrogate's Court · 1957
- In re the Estate of BinghamNew York Surrogate's Court · 1942
- In re the Estate of OswaldNew York Surrogate's Court · 1964
- In re the Estate of BrownNew York Surrogate's Court · 1952
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