Legal Opinion
In re the Estate of Marks
New York Surrogate's Court
Decided February 24, 1989PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
The novel issue raised in this probate proceeding is whether a person nominated to serve as trustee of a charitable foundation in an earlier will of the testator has standing under SCPA 1410 to object to probate of a later will because it nominates someone else in his place.
The court is also asked by the executor nominated in that *734earlier will to permit him to file objections to the later will for the same reason, viz., that someone else is nominated in his place.
The basic difference between the two wills is in the identity of the persons nominated as…
2Cases cited13 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- In Re the Will of PutnamNew York Court of Appeals · 1931
- In re the Estate of WeinstockNew York Court of Appeals · 1976
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
- In re the Probate of the Will of SatterleeAppellate Division of the Supreme Court of the State of New York · 1953
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Estate of PeckolickNew York Surrogate's Court · 1996
- In re LermanAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Estate of AstorNew York Surrogate's Court · 2008
- In re the Estate of BaldwinAppellate Division of the Supreme Court of the State of New York · 2002
- In re the Estate of EshaghianAppellate Division of the Supreme Court of the State of New York · 2004
1 more not listed; retrieve them via the Exa API.