Legal Opinion

In re the Estate of Cohen

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1992Published

1Opinion of the Court

In a probate proceeding, the decedent’s widow, Rae Cohen, appeals from stated portions of a decree of the Surrogate’s Court, Kings County (Ostrau, S.), dated February 13, 1991, which, inter alia, upon refusing to admit a will to probate, impressed a constructive trust upon the entire estate for the benefit of the beneficiaries named in the will, and directed disposition of the decedent’s estate.

Ordered that the decree is modified, on the law, by deleting the provision thereof which impressed a constructive trust upon the entire estate, and substituting therefor a provision impressing a…

2Cases cited8 opinions

  1. Rastetter v. . HoenningerNew York Court of Appeals · 1915
  2. Notten v. MensingCalifornia Supreme Court · 1935
  3. Tutunjian v. VetzigianNew York Court of Appeals · 1949
  4. Oursler v. ArmstrongNew York Court of Appeals · 1961
  5. Seat v. SeatTennessee Supreme Court · 1938

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