Legal Opinion
In re the Estate of Lemle
New York Surrogate's Court
Decided December 27, 1967PublishedCited by 3 opinions
1Opinion of the Court
S. Samuel Di Palco, S.
This motion by the petitioner in a proceeding to enforce her right to an elective share seeks an order dismissing the second and third affirmative defenses pleaded by the answers. The widow moves under CPLR 3211 (subd. [b]).
In the main proceeding the widow has alleged that the fraud of her prospective husband in 1952, in connection with the execution of the antenuptial agreement, vitiated the contract.
The respondents executors contend that the widow’s unreasonable delay, for a period of 12 years, during the lifetime of the decedent, caused the testator to change his…
2Cases cited25 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Bridger v. . GoldsmithNew York Court of Appeals · 1894
- Pierce v. . PierceNew York Court of Appeals · 1877
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
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3Cited by3 opinions
- Lieberman v. LiebermanNew York Supreme Court · 1992
- In re the Estate of LemleAppellate Division of the Supreme Court of the State of New York · 1968
- In re the Estate of SunshineNew York Surrogate's Court · 1975