Legal Opinion
In re the Estate of Schwimmer
New York Surrogate's Court
Decided May 19, 1944PublishedCited by 4 opinions
1Opinion of the Court
James A. Delehanty, S.
An application is here made by the surviving spouse of deceased for a determination of the validity and effect of his election to take against the will of his deceased wife. In answer to his application the executor sets up as a bar to the claim of right to elect a document executed and acknowledged by deceased and petitioner on October 17, 1939. The parties stated orally upon the record of the hearing that there were no controverted issues of fact. In the brief of petitioner he refers to the document relied upon as a bar by the executor and says: ‘ ‘ The validity and…
2Cases cited51 opinions
- Irving Trust Co. v. DaySupreme Court of the United States · 1942
- In Re the Probate of the Will of CookNew York Court of Appeals · 1926
- In Re the Estate of HolmesNew York Court of Appeals · 1943
- City of New York v. Village of LawrenceNew York Court of Appeals · 1929
- In Re the Estate of BurridgeNew York Court of Appeals · 1933
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3Cited by4 opinions
- Industrial Development Foundation of Auburn, New York, Inc. v. United States Hoffman Machinery Corp.New York Supreme Court · 1958
- People v. Doe, New York County Courts1996
- In re the Estate of StoegerNew York Surrogate's Court · 1961
- In re the Estate of La DueAppellate Division of the Supreme Court of the State of New York · 1957