Legal Opinion
In re the Estate of Margolin
New York Surrogate's Court
Decided September 23, 1985PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
This proceeding requires consideration of SCPA 205 (L 1984, ch 128, eff June 21, 1984) which substituted the flexible and waivable concept of venue for the inflexible and nonwaivable concept of subject matter jurisdiction in all proceedings brought in the Surrogates’ Courts of the State. As a result of this new statute, each Surrogate’s Court in every county now has State-wide subject matter jurisdiction subject only to the consideration of venue.
An issue of the proper venue has been raised in this proceeding.
For many years before her death, decedent Eve…
2Cases cited9 opinions
- Bolton v. . SchrieverNew York Court of Appeals · 1892
- In re the Probate of the Paper Propounded as the Last Will & Testament of JohnsonAppellate Division of the Supreme Court of the State of New York · 1940
- In re the Estate of DanielsNew York Surrogate's Court · 1931
- In re the Estate of HumpfnerNew York Surrogate's Court · 1933
- In re the Estate of ColettiNew York Surrogate's Court · 1977
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of SimonettiAppellate Division of the Supreme Court of the State of New York · 2006
- In re Public AdministratorNew York Surrogate's Court · 2014
- In re the Estate of BonoraNew York Surrogate's Court · 2014
- Matter of BonoraAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Estate of De MaioNew York Surrogate's Court · 2006