Legal Opinion
In re the Estate of Dail
New York Surrogate's Court
Decided October 17, 1960PublishedCited by 4 opinions
1Opinion of the Court
S. Samuel Di Falco, S.
The will of the testatrix makes no provision for her husband. The first paragraph reads: “I state that I am the wife of Harold W. Dail, from whom I am separated, and who, by Agreement of Separation dated November 6, 1959, has waived any and all interest in my estate, pursuant to Paragraph 5 thereof.” The executor under her will seeks a judicial determination of the validity and effect of a notice of election to take against the will which was filed by the husband of the testatrix.
The respondent and the testatrix were married on October 3, 1955. Thereafter, they lived…
2Cases cited6 opinions
- In re the Judicial Settlement of the Account of KelleyAppellate Division of the Supreme Court of the State of New York · 1928
- In Re the Accounting of KelleyNew York Court of Appeals · 1929
- Whedon v. WhedonAppellate Division of the Supreme Court of the State of New York · 1936
- LaMontagne v. LaMontagneAppellate Division of the Supreme Court of the State of New York · 1933
- Dowie v. DeWinterAppellate Division of the Supreme Court of the State of New York · 1922
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3Cited by4 opinions
- In Re the Estate of WilsonNew York Court of Appeals · 1980
- Markowitz v. MarkowitzAppellate Division of the Supreme Court of the State of New York · 1976
- In Re the Estate of WilsonNew York Court of Appeals · 1980
- In re the Estate of WilsonAppellate Division of the Supreme Court of the State of New York · 1978