Legal Opinion

In re the Estate of O'Brine

New York Surrogate's Court

Decided June 11, 1971PublishedCited by 1 opinion

1Opinion of the Court

Otto 0. Jaeger, S.

The decedent, an incompetent veteran, was admitted to Matteawan State Hospital for the Insane in 1929. He remained there until 1966 when he was transferred to Pilgrim State Hospital where he died on January 16, 1967, intestate and without known heirs.

In this accounting proceeding by the Public Administrator it appears that all of the assets of the decedent’s estate were derived from benefits paid by the Veterans’ Administration. It is undisputed that in these circumstances the net distributable estate escheats to the United States rather than to the State of New York by…

2Cases cited2 opinions

  1. United States v. JacksonSupreme Court of the United States · 1930
  2. Lavere C. Senft, Administrator of the Estate of Elmer J. Writer v. United StatesCourt of Appeals for the Third Circuit · 1963

3Cited by1 opinion

  1. In re the Estate of StrahlerNew York Surrogate's Court · 1974

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