In re the Estate of Granchelli
New York Surrogate's Court
1Opinion of the CourtMichael A. Telesca, J.
This is a proceeding to determine the validity of a right of election filed by the testator’s wife pursuant to EPTL 5-1.1.
The representatives of the estate contend that the wife is barred under EPTL 5-1.2 (subd [a], par [4]) by reason of the existence of a final decree of separation against the wife. The decedent and Mildred Granchelli were married in the City of Rochester on May 16, 1945. During 1954, Mildred Granchelli commenced an action for separation against the decedent, who in turn interposed a counterclaim for separation on the grounds of abandonment. After a trial, and on April 12,…
2Cases cited11 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Irving Trust Co. v. DaySupreme Court of the United States · 1942
- In Re the Estate of McGloneNew York Court of Appeals · 1940
- Zimmer v. . SettleNew York Court of Appeals · 1891
- Brody v. BrodyAppellate Division of the Supreme Court of the State of New York · 1920
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- LENNINGBoard of Immigration Appeals · 1980
- Galasso v. GalassoNew York City Family Court · 1981