Legal Opinion

In re Cohen

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

Decided March 11, 1938PublishedCited by 2 opinions

1Opinion of the Court

Decree of the Surrogate’s Court of Kings county, in so far as appealed from, granting letters testamentary to respondent Herman Cohen, and presently denying the application for letters testamentary of appellant Isidore Cohen, affirmed, without costs. We feel constrained to follow the precedents which hold that a person convicted in another jurisdiction of a crime which is there a felony, is not guilty of “ felony ” as that term is defined in section 2 of the Penal Law (Sims v. Sims, 75 N. Y. 466; National Trust Co. v. Gleason, 77 id. 400; People v. Gutter son, 244 id. 243) and that…

2Cases cited4 opinions

  1. Sims v. . SimsNew York Court of Appeals · 1878
  2. In Re Proving the Will of FloodNew York Court of Appeals · 1923
  3. In re Proving the Last Will & Testament of LathamAppellate Division of the Supreme Court of the State of New York · 1911
  4. O'Brien v. NeubertNew York Surrogate's Court · 1884

3Cited by2 opinions

  1. In re the Estate of SchennaNew York Surrogate's Court · 1957
  2. In re the Estate of MartinAppellate Division of the Supreme Court of the State of New York · 1962

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