Legal Opinion

In re the Estate of Bodenstein

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

Decided May 3, 1939PublishedCited by 3 opinions

1Opinion of the Court

Decree affirmed, with costs payable out of the estate. Memorandum: In a proceeding to determine the validity of a claim on behalf of a widow, who had been adjudged incompetent, to take her intestate share of her husband’s estate, against his will, pursuant to section 18 of the Decedent Estate Law, we conclude that, upon the undisputed facts and in accord with section 18, subdivision 1, paragraph (b), and subdivision 6, her committee became entitled to a limited right of election on her behalf, to withdraw the sum of $2,500 absolutely from the principal of a testamentary trust created in her…

2Cases cited2 opinions

  1. Matter of ByrnesNew York Court of Appeals · 1933
  2. In re the Estate of RichNew York Surrogate's Court · 1933

3Cited by3 opinions

  1. In re the Construction of the Will of AtkinsNew York Surrogate's Court · 1948
  2. In re the Estate of De PinnaNew York Surrogate's Court · 1941
  3. In re the Estate of Higgins StottNew York Surrogate's Court · 1941

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