Legal Opinion
In re the Estate of Berlin
New York Surrogate's Court
Decided September 23, 1977PublishedCited by 2 opinions
1Opinion of the Court
Bertram R. Gelfand, S.
In this proceeding to judicially settle the account of the Public Administrator, the only remaining issue is the objections of Goldie Berkowitz, in which she contends that she is the sole distributee of decedent.
The testimony offered presents an evidentiary problem that appears to be a source of some confusion in this State as a result of the presence in our statutory law of CPLR 4519, which, prima facie, appears to be in conflict with the kinship exception to the hearsay rule when it involves testimony by *667an objectant as to statements of the decedent whose estate is at…
2Cases cited6 opinions
- Fulkerson v. HolmesSupreme Court of the United States · 1886
- Washington v. . Bank for SavingsNew York Court of Appeals · 1902
- In re the Accounting of KellyNew York Surrogate's Court · 1947
- People v. TuthillAppellate Division of the Supreme Court of the State of New York · 1917
- Washington v. Bank for SavingsAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by2 opinions
- In re the Estate of TrottaNew York Surrogate's Court · 1979
- In re the Estate of MarksNew York Surrogate's Court · 2007