Legal Opinion

In re the Estate of McQuirk

New York Surrogate's Court

Decided August 5, 1927PublishedCited by 2 opinions

1Opinion of the Court

O’Brien, S.

The application for an order compelling the execu- ' tors to file an account is denied, the petitioners having failed to show that they are persons interested in this estate. (1) The condition precedent named in section 17 of the Decedent Estate Law (as amd. by Laws of 1923, chap. 301), as necessary to make that statute applicable, viz., that testator have a husband, wife, child or parent, is lacking in the present case for testator, a Roman Catholic clergyman, had neither of the above relations. Therefore, the protection of the statute and the limitation to one-half of decedent’s…

2Cases cited6 opinions

  1. Decker v. . VreelandNew York Court of Appeals · 1917
  2. In re the Transfer Tax on the Estate of De LamarAppellate Division of the Supreme Court of the State of New York · 1922
  3. In re Proving the Last Will & Testament of ToneAppellate Division of the Supreme Court of the State of New York · 1919
  4. In re the Estate of MurrayNew York Surrogate's Court · 1915
  5. In re the Probate of the Last Will & Testament of DanklefsenAppellate Division of the Supreme Court of the State of New York · 1916

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3Cited by2 opinions

  1. In re McQuirkAppellate Division of the Supreme Court of the State of New York · 1928
  2. In re the Estate of CoverdaleNew York Surrogate's Court · 1931

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