Legal Opinion

In re Franklin National Bank of Franklin Square

New York Supreme Court

Decided November 9, 1955PublishedCited by 2 opinions

1Opinion of the CourtPeter M. Daly, J.

Application by the co-committee of the property of an incompetent person for various relief embodied in a petition and order to show cause, dated September 27,1955. The court already has passed upon the relief sought in subdivisions “A” and “ E ” of the petition, leaving for determination subdivisions “ B ” “ C ” and “ D.” The relief sought in subdivision “ D ” is granted in all respects.

In subdivisions “ B ” and “ C ” of the petition instructions are sought as to whether the committee should file a right of election on behalf of the incompetent to take against the last will and testament of…

2Cases cited6 opinions

  1. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  2. In Re the Will of HillsNew York Court of Appeals · 1934
  3. In re Franklin Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
  4. In re Proving the Last Will & Testament of ToneAppellate Division of the Supreme Court of the State of New York · 1919
  5. In re the Estate of GaubertNew York Surrogate's Court · 1936

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3Cited by2 opinions

  1. In re the Estate of FitzgeraldNew York Surrogate's Court · 1972
  2. In re KargerNew York Supreme Court · 1961

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