Legal Opinion
In re the Estate of Werger
New York Surrogate's Court
Decided November 19, 1970PublishedCited by 6 opinions
1Opinion of the Court
Samuel J. Silverman, S.
Motions and cross motions in the nature of summary judgment in proceedings to determine the validity of notices of election to take against the will pursuant to EPTL 5-1.1 filed by Estelle Werger (hereinafter “ Wife No. 2 ”) and Belle Douek (hereinafter “ Wife No. 3 ”).
A. Belle Douek (Wife No. 3):
Mrs. Douek claimed to be the decedent’s widow by reason of a common-law marriage alleged to have taken place in Florida not earlier than February, 1968.
In 1967 Florida enacted that: “No common law marriage entered into after January 1, 1968, shall be valid” (with an exception…
2Cases cited10 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Johnson v. MuelbergerSupreme Court of the United States · 1951
- Krause v. KrauseNew York Court of Appeals · 1940
- Matter of LindgrenNew York Court of Appeals · 1944
- In re the Accounting of RafteryNew York Court of Appeals · 1956
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re New York Asbestos LitigationDistrict Court, E.D. New York · 1990
- James H. Johnson, Individually and as Personal Representative of Distributees of the Estate of William H. Johnson, Deceased v. The Smithsonian Institution, Michael Rosenfeld Gallery, Inc.Court of Appeals for the Second Circuit · 1999
- Johnson v. Smithsonian InstitutionCourt of Appeals for the Second Circuit · 1999
- Matter of KronikAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of KronikAppellate Division of the Supreme Court of the State of New York · 2021
1 more not listed; retrieve them via the Exa API.