Legal Opinion
In re the Estate of Dunbar
New York Surrogate's Court
Decided June 7, 1988PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Lee L. Holzman, S.
Decedent’s sister, the administratrix of the estate, filed this SCPA 2103 discovery petition in which she seeks to recover from another sister cash removed from decedent’s safe-deposit box. Decedent’s sole distributee was his mother.
*956The provisions of CPLR 4519 (the Dead Man’s Statute) also hovered as a cloud to obfuscate the transactions which are the subject matter of this litigation. This statute bars a person interested in a claim against the estate from testifying about a personal transaction with the decedent. However, this impediment is removed and…
2Cases cited5 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- In re the Estate of WoodNew York Court of Appeals · 1981
- Cole v. . SweetNew York Court of Appeals · 1907
- In re BerardiniAppellate Division of the Supreme Court of the State of New York · 1933
- Matter of BerardiniNew York Court of Appeals · 1934
3Cited by3 opinions
- Michelle Rosenfeld v. Gerard Basquiat, as Administrator of the Estate of Jean-Michel BasquiatCourt of Appeals for the Second Circuit · 1996
- Herrmann v. Sklover Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- In re the Estate of HamburgNew York Surrogate's Court · 1991