Legal Opinion
In re Dito
Appellate Division of the Supreme Court of the State of New York
Decided August 21, 1995PublishedCited by 2 opinions
1Opinion of the Court
—In a proceeding pursuant to EPTL 5-3.1 by the surviving husband of the deceased to compel the executor to set apart and turn over exempt property to him, the executor appeals from an order of the Surrogate’s Court, Rockland County (Weiner, S.), dated April 6, 1994, which granted the surviving husband’s application.
Ordered that the order is affirmed, with costs, payable by the estate.
Prior to their marriage, the decedent and the petitioner executed an antenuptial agreement dated September 23, 1983. Following the decedent’s death in 1992, the petitioner made an application to set apart and…
2Cases cited4 opinions
- In re the Estate of DriscollNew York Surrogate's Court · 1958
- In re the Estate of MaslankaNew York Surrogate's Court · 1970
- In re the Estate of De RooNew York Surrogate's Court · 1990
- In re the Accounting of ConnollyNew York Surrogate's Court · 1959
3Cited by2 opinions
- In re the Accounting of Gertrude Ellen Craney GermansAppellate Division of the Supreme Court of the State of New York · 2010
- In re MarroneNew York Surrogate's Court · 2012