Legal Opinion
In re the Estate of Ginsburg
New York Surrogate's Court
Decided August 9, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
C. Raymond Radigan, J.
In this probate proceeding the proponent seeks implementation of one of the most recent amendments to the virtual representation statute, specifically, SCPA 315 (subd 5) which now permits so-called “horizontal” virtual representation as distinguished from “vertical” virtual representation, if the instrument expressly so provides (L 1981, ch 178, eff June 2, 1981).
Notwithstanding its very recent enactment, the will of the testator in this estate does so expressly provide by explicit reference to SCPA 315 (subd 5), permitting “any person under a…
2Cases cited3 opinions
- In re the Application for Letters of Administration of the Goods, Chattels & Credits of BilletAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of PutignanoNew York Surrogate's Court · 1975
- In re the Estate of CusimanoNew York Surrogate's Court · 1940
3Cited by2 opinions
- Matter of RaccioppiAppellate Division of the Supreme Court of the State of New York · 2015
- In re the Estate of SaxtonAppellate Division of the Supreme Court of the State of New York · 1996