Legal Opinion

In re the Estate of Clark

New York Surrogate's Court

Decided October 10, 1938PublishedCited by 15 opinions

1Opinion of the Court

Wingate, S.

The present submission marks the renascence of a litigation which has achieved a measure of prominence in recent legal history by reason of the fact that it gave rise to the clarification by the Court of Appeals (Matter of Clark, 275 N. Y. 1) of its previous affirmance without opinion of the Appellate Division determination in Matter of Curley (245 App. Div. 255; affd., 269 N. Y. 548) which had caused serious misgivings in the minds of many members of the bench and bar.

It may be doubted whether the parties to the present submission are fully alive to the potentialities of the main…

2Cases cited8 opinions

  1. Newman v. DoreNew York Court of Appeals · 1937
  2. Matter of ByrnesNew York Court of Appeals · 1933
  3. In re CurleyAppellate Division of the Supreme Court of the State of New York · 1935
  4. In Re the Will of CurleyNew York Court of Appeals · 1935
  5. In Re the Will of ClarkNew York Court of Appeals · 1937

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. In re DettmerNew York Surrogate's Court · 1943
  2. In re the Estate of SchmidtNew York Surrogate's Court · 1938
  3. Estate of JacksCalifornia Court of Appeal · 1947
  4. In re the Estate of FurnoNew York Surrogate's Court · 1950
  5. In re the Estate of WolfNew York Surrogate's Court · 1953

10 more not listed; retrieve them via the Exa API.

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