Legal Opinion
Matter of Reynolds
New York Court of Appeals
Decided March 21, 1996PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
This appeal raises for this Court’s review the question whether an inter vivas trust, in which a deceased spouse retained a limited power of appointment, constitutes a testamentary substitute in violation of the surviving spouse’s right of election (EPTL 5-1.1). The Appellate Division, with one Justice dissenting, found the trust was not subject to the right of election and ruled against the surviving spouse. This Court granted leave to appeal. We agree with the Surrogate’s Court and the dissenting Justice that the trust was a testamentary substitute under the…
2Cases cited6 opinions
- Newman v. DoreNew York Court of Appeals · 1937
- In re HalpernNew York Court of Appeals · 1951
- In re the Estate of RiefbergNew York Court of Appeals · 1983
- In re the Estate of AgioritisNew York Court of Appeals · 1976
- In re the Estate of DeVitaAppellate Division of the Supreme Court of the State of New York · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bongaards v. MillenMassachusetts Supreme Judicial Court · 2003
- Case v. FargnoliNew York Supreme Court · 1999
- Spetz v. New York State Department of HealthNew York Supreme Court · 2002
- In re the Estate of OestrichAppellate Division of the Supreme Court of the State of New York · 2009
- In re GarrasiAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.