Legal Opinion
In re the Estate of Eckart
New York Surrogate's Court
Decided January 17, 1973PublishedCited by 5 opinions
1Opinion of the Court
Louis D. Laurino, S.
This case concerns the rights of children to elect against an excessive charitable disposition (EPTL 5-3.3), in view of a claimed disinheritance provision in the will. As such, it stands in what is becoming a discernible line of reported cases struggling with the effects of Matter of Cairo (35 A D 2d 76, unanimously affd. without opn. 29 N Y 2d 527).
The will reads in pertinent part as follows:
“ third: Should they survive me, I give, devise and bequeath" to my daughter, charlotte anna eckart, and to frank darmody, . the son of my divorced husband, Patrick darmody, the sum…
2Cases cited13 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- In re Brooklyn Trust Co.New York Surrogate's Court · 1929
- In Re the Accounting of Brooklyn Trust Co.New York Court of Appeals · 1930
- In re the Estate of WeissmannNew York Surrogate's Court · 1930
- In re the Estate of CorliesNew York Surrogate's Court · 1934
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of EckartNew York Court of Appeals · 1976
- In re the Estate of AlexanderNew York Surrogate's Court · 1977
- In re Estate of EckartAppellate Division of the Supreme Court of the State of New York · 1975
- In re the Estate of NewkirkNew York Surrogate's Court · 1974
- In re the Estate of WilleyNew York Surrogate's Court · 1976