Legal Opinion

In re the Estate of Dunham

Appellate Division of the Supreme Court of the State of New York

Decided May 20, 1971PublishedCited by 9 opinions

1Opinion of the CourtHerlihy, P. J.

This is an appeal from a decree of the Surrogate’s Court of Greene County, entered August 17, 1970, which, inter alia, decreed that the right of Marina R. Dunham to elect against the will of her deceased husband is superior to the rights of petitioner, Mary J. Dunham, as a legatee under decedent’s will.

On August 9,1967, the decedent, Walter Dunham, and Mary J. Dunham, the petitioner, then husband and wife, executed a separation agreement which, inter alia, provided for a division of jointly owned property, life insurance having an aggregate value of $40,000 in full force and effect and a…

2Cases cited5 opinions

  1. Edson v. . ParsonsNew York Court of Appeals · 1898
  2. Rastetter v. . HoenningerNew York Court of Appeals · 1915
  3. In re the Estate of HoytNew York Surrogate's Court · 1940
  4. In re the Accounting of CarrNew York Surrogate's Court · 1954
  5. In re the Accounting of LewisNew York Surrogate's Court · 1953

3Cited by9 opinions

  1. In re the Estate of RothkoNew York Surrogate's Court · 1975
  2. In re the Estate of YoungNew York Surrogate's Court · 1975
  3. Murray v. United StatesUnited States Court of Claims · 1982
  4. In re Jacqueline F.New York Surrogate's Court · 1978
  5. Shimp v. HuffCourt of Appeals of Maryland · 1989

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