Legal Opinion

In re the Estate of Goldsmith

New York Surrogate's Court

Decided May 21, 1940PublishedCited by 3 opinions

1Opinion of the Court

Delehanty, S.

The widow of deceased heretofore filed a notice of election to take against the will of deceased pursuant to section 18 of the Decedent Estate Law. She now makes application for an order directing payment to her of the sum of $5,000 on account of her elective share. The application is opposed on the ground that the provisions for her under the will are equal to or greater than her intestate share and also on the ground that in any event she has waived or lost her right to elect.

In paragraph first of his will deceased gave legacies of $2,500 to each of his three sisters and a…

2Cases cited6 opinions

  1. Oliver v. WellsNew York Court of Appeals · 1930
  2. In re the Estate of CurleyNew York Surrogate's Court · 1934
  3. In Re the Accounting of SickelsNew York Court of Appeals · 1938
  4. Beetson v. . StoopsNew York Court of Appeals · 1906
  5. DeWitt v. JayneAppellate Division of the Supreme Court of the State of New York · 1927

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3Cited by3 opinions

  1. In re the Estate of GoldsmithNew York Surrogate's Court · 1940
  2. In re the Estate of TamburriNew York Surrogate's Court · 1950
  3. In re the Estate of PrescottNew York Surrogate's Court · 1949

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