Legal Opinion
In Re the Estate of Wilson
New York Court of Appeals
Decided April 3, 1980PublishedCited by 33 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
This proceeding was brought pursuant to SCPA 1421 to test the validity of a widow’s election to take a share against the provisions of her husband’s will as provided by EPTL 5-1.1. The controversy centered on the enforceability of a waiver of the wife’s right to elect incorporated in a separation agreement executed by the spouses. A dependent question, conditioned on a finding that the separation agreement was valid, treated with the legal impact on the waiver of an alleged reconciliation between husband and wife. A subsidiary issue, perhaps of paramount…
2Cases cited20 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- Tirrell v. . TirrellNew York Court of Appeals · 1921
- In re the Estate of SunshineNew York Court of Appeals · 1976
- Zimmer v. . SettleNew York Court of Appeals · 1891
15 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Surlak v. SurlakAppellate Division of the Supreme Court of the State of New York · 1983
- Perdoni Brothers Inc v. Concrete Sytems IncCourt of Appeals for the First Circuit · 1994
- Prospero Associates, a Colorado General Partnership v. Burroughs CorporationCourt of Appeals for the Tenth Circuit · 1983
- Kathleen Fellman v. Fireman's Fund Insurance CompanyCourt of Appeals for the Second Circuit · 1984
- Unanue v. UnanueAppellate Division of the Supreme Court of the State of New York · 1988
28 more not listed; retrieve them via the Exa API.