Legal Opinion
In re the Estate of Stein
New York Surrogate's Court
Decided June 14, 1966PublishedCited by 2 opinions
1Opinion of the Court
Joseph A. Cox, S.
The petitioner seeks payment of a general legacy of $5,000 bequeathed to him by the will of the testatrix. The executor defends the application upon the ground that the petitioner was indebted to the testatrix for an unpaid principal sum of $5,000 which constitutes a setoff against the legacy.
The fact that the petitioner borrowed the sum of $15,000 from the testatrix and repaid the sum of $10,000 is undisputed. The petitioner contends that the unpaid amount of $5,000 was forgiven by the testatrix as a gift to him on his birthday with the result that his total indebtedness on…
2Cases cited12 opinions
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- Doty v. . WillsonNew York Court of Appeals · 1872
- Millett v. TempleMassachusetts Supreme Judicial Court · 1932
- Doty v. WilsonNew York Supreme Court · 1871
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of CarrAppellate Division of the Supreme Court of the State of New York · 1984
- Spanierman v. SpaniermanCivil Court of the City of New York · 1971