Legal Opinion

In re the Estate of Riefberg

New York Surrogate's Court

Decided October 31, 1980PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Richard C. Delin, S.

This proceeding to determine the validity of a right of election (EPTL 5-1.1) presents the recurring life situation of a decedent seeking to benefit his first wife and/or children of a prior marriage to the exclusion of his second wife following the disintegration of that marriage.

This is the third in a trilogy of decisions in this proceeding. The first (Matter of Riefberg, NYLJ, March 28,1979, p 15, col 1) overruled the claim that the second wife’s marriage to the decedent was invalid and the second (dated September 13, 1979) dismissed the claim of…

2Cases cited7 opinions

  1. Newman v. DoreNew York Court of Appeals · 1937
  2. In re HalpernNew York Court of Appeals · 1951
  3. In re the Estate of AgioritisNew York Court of Appeals · 1976
  4. In re the Estate of HillowitzNew York Court of Appeals · 1968
  5. In re Estate of AgioritisAppellate Division of the Supreme Court of the State of New York · 1976

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

3Cited by2 opinions

  1. In re the Estate of RiefbergNew York Court of Appeals · 1983
  2. In re the Estate of WechslerAppellate Division of the Supreme Court of the State of New York · 1996

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