Legal Opinion
In re the Estate of Brenner
New York Surrogate's Court
Decided March 15, 1933PublishedCited by 7 opinions
1Opinion of the Court
Foley, S.
This is an application for leave to intervene in the administration proceeding. The petitioner is the general guardian of a child who was adopted by a daughter of the decedent. This daughter predeceased the decedent. The petitioner seeks to establish the status of his ward as one of the next of kin of the decedent.
The law of this State is well settled that a child adopted by a relative of a decedent is not one of the next of kin of that decedent. (Dom. Rel. Law, § 114; Hopkins v. Hopkins, 202 App. Div. 606; affd., 236 N. Y. 545; Matter of Hall, 234 App. Div. 151; affd., 259 N. Y.…
2Cases cited9 opinions
- Hopkins v. . HopkinsNew York Court of Appeals · 1923
- Hopkins v. HopkinsAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of MarshNew York Surrogate's Court · 1932
- Winkler v. New York Car Wheel Co.Appellate Division of the Supreme Court of the State of New York · 1917
- In re Probate of Heirship in Administration of the Estate of HallAppellate Division of the Supreme Court of the State of New York · 1931
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Construction of the Will of CharlesNew York Surrogate's Court · 1951
- In re the Estate of HorvathNew York Surrogate's Court · 1935
- In re the Estate of HeyeNew York Surrogate's Court · 1933
- Sanders v. AdamsCourt of Appeals of Kentucky (pre-1976) · 1939
- In re the Estate of CuddebackNew York Surrogate's Court · 1940
2 more not listed; retrieve them via the Exa API.