Legal Opinion

In re the Estate of Fry

New York Surrogate's Court

Decided August 17, 1961PublishedCited by 7 opinions

1Opinion of the Court

Pierson B. Hildreth, S.

In this proceeding for a probate of heirship the court is satisfied from the proofs that decedent died intestate on January 21,1952; that he left no surviving descendant or parent but did leave a surviving spouse, sisters and nephews and nieces who are children of predeceased brothers.

Under such factual situation section 83 of the Decedent Estate Law provides that the real property descends and surplus of personal property, after payment of debts, shall be distributed as provided by subdivision 4, that is: “ the surviving spouse shall take ten thousand dollars and…

2Cases cited6 opinions

  1. Kingsland v. . MurrayNew York Court of Appeals · 1892
  2. In re the Estate of BursteinNew York Surrogate's Court · 1934
  3. Matter of RobertsNew York Court of Appeals · 1915
  4. In re the Estate of FriedlanderNew York Surrogate's Court · 1937
  5. In re the Estate of HerterNew York Surrogate's Court · 1958

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

3Cited by7 opinions

  1. Bodner v. Banque ParibasDistrict Court, E.D. New York · 2000
  2. Burg v. City of Buffalo (In Re Burg)United States Bankruptcy Court, W.D. New York · 2003
  3. In Re MartinezUnited States Bankruptcy Court, E.D. New York · 2008
  4. United States v. ComparatoDistrict Court, E.D. New York · 1993
  5. Perret v. CommissionerUnited States Tax Court · 1971

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

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