Legal Opinion

In Re the Estates of Covert

New York Court of Appeals

Decided November 20, 2001PublishedCited by 89 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

The issue, on this appeal is whether the doctrine of Riggs v Palmer (115 NY 506), which disallows a wrongdoer from profiting by his or her crime at the expense of the victim’s estate, mandates the disinheritance of the wrongdoer’s heirs and distributees, thereby negating their entitlement to an express testamentary bequest made in the victim’s will. We conclude, under the circumstances of this case, that where a victim’s will makes bequests to the wrongdoer’s family — innocent distributees — their status as legatees under the victim’s will is not vitiated, and…

2Cases cited19 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
  3. Rastetter v. . HoenningerNew York Court of Appeals · 1915
  4. Williams v. . JonesNew York Court of Appeals · 1901
  5. Kleinberg v. HellerNew York Court of Appeals · 1976

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3Cited by89 opinions

  1. Porco v. Lexington InsuranceDistrict Court, S.D. New York · 2009
  2. Woodhams v. Allstate Fire & Casualty Co.District Court, S.D. New York · 2010
  3. Heslin v. County of GreeneNew York Court of Appeals · 2010
  4. Campbell v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010
  5. Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2009

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