Legal Opinion
In re the Estate of Wood
New York Court of Appeals
Decided February 17, 1981PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
The issue presented on this appeal is whether an executor, by introducing evidence of the opening of bank accounts and withdrawals therefrom tending to show that property belonging to the estate of decedent was in the possession of respondents, “opened the door” and thereby waived the protection of CPLR 4519, the so-called “Dead Man’s Statute”, allowing respondents to introduce evidence of a personal transaction with the decedent in order to show a proper disposition of such property.
Petitioner Nathan M. Med win, executor of the last will *142and testament of Robert…
2Cases cited3 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Martin v. . HillenNew York Court of Appeals · 1894
- Cole v. . SweetNew York Court of Appeals · 1907
3Cited by54 opinions
- Michelle Rosenfeld v. Gerard Basquiat, as Administrator of the Estate of Jean-Michel BasquiatCourt of Appeals for the Second Circuit · 1996
- Whitehead Ex Rel. Estate of Whitehead v. Pullman Group, LLCCourt of Appeals for the Third Circuit · 2016
- Musico v. Champion Credit Corp.Court of Appeals for the Second Circuit · 1985
- In re the Estate of BuchananAppellate Division of the Supreme Court of the State of New York · 1997
- Sepulveda v. AvilesAppellate Division of the Supreme Court of the State of New York · 2003
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