Legal Opinion
In re the Estate of Loeb
New York Surrogate's Court
Decided April 22, 1974PublishedCited by 1 opinion
1Opinion of the Court
S. Samuel Di ,Falco, S.
In this pending probate proceeding the proponent moves to dismiss the objections of the surviving spouse on the grounds that he has no status to elect under EPTL 5-1.1 because he abandoned the decedent during her lifetime.
Decedent, Sonia Loeb, and Max Loeb were married in 1936. In ¡September, 1962, decedent was admitted to Pilgrim State *815Hospital, and on May 20, 1964 she was judicially declared incompetent.
In 1963, Max Loeb proceeded to obtain an ex parte Mexican divorce decree against the decedent and following that he went through a marriage ceremony with another woman…
2Cases cited8 opinions
- In Re the Estate of MaidenNew York Court of Appeals · 1940
- In re the Accounting of RathscheckNew York Court of Appeals · 1950
- In re the Estate of BinghamAppellate Division of the Supreme Court of the State of New York · 1943
- In re the Estate of AdamsNew York Surrogate's Court · 1943
- In re the Accounting of DooleyNew York Surrogate's Court · 1957
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Shenandoah v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1976