Legal Opinion

In re the Estate of Hoyt

New York Surrogate's Court

Decided June 17, 1940PublishedCited by 15 opinions

1Opinion of the Court

Foley, S.

There is presented for determination in this accounting proceeding a preliminary question arising out of certain claims *513made under a separation agreement entered into between the testator and his first wife, Katharine Stone Hoyt. She died approximately fourteen months after the testator. The claimants are the executors of her estate and the children of her marriage with him. It is contended by them that the terms of the separation agreement constituted Katharine Stone Hoyt and the children creditors of the estate. Their contention is opposed by the surviving widow of the testator,…

2Cases cited12 opinions

  1. Wilson v. . HinmanNew York Court of Appeals · 1905
  2. Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
  3. Hermann v. . LudwigNew York Court of Appeals · 1920
  4. In Re the Appraisal Under the Transfer Tax Act of the Estate of KiddNew York Court of Appeals · 1907
  5. Barnes v. KlugAppellate Division of the Supreme Court of the State of New York · 1908

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3Cited by15 opinions

  1. Rubenstein v. MuellerNew York Court of Appeals · 1967
  2. In re the Estate of GrayNew York Surrogate's Court · 1941
  3. In re the Accounting of CarrNew York Surrogate's Court · 1954
  4. In re the Estate of DunhamAppellate Division of the Supreme Court of the State of New York · 1971
  5. In re the Estate of DunhamNew York Surrogate's Court · 1970

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