Legal Opinion
In Re Estate of Benjamin
New York Court of Appeals
Decided March 29, 1974PublishedCited by 13 opinions
1Opinion of the CourtJasen, J.
Jacob Benjamin died intestate on March 20, 1971. Rival widows claimed the estate, valued at $17,000, and sought letters of administration. Olga Benjamin claimed by virtue of a common-law marriage in 1927; Lucille Benjamin by virtue of a ceremonial marriage in 1956. After a trial in Surrogate’s Court, Kings County, it was adjudged, inter alia, that Lucille was the widow of the decedent and that Olga and the decedent had not contracted a valid common-law marriage. The Appellate Division affirmed, one Justice dissenting, and Olga, the decedent’s alleged common-law wife, appeals as of right.1
At…
2Cases cited10 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- Clayton v. . WardellNew York Court of Appeals · 1850
- In Re the Estate of HaffnerNew York Court of Appeals · 1930
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1877
- Dodge v. CampbellAppellate Division of the Supreme Court of the State of New York · 1930
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Claim of Mott v. Duncan Petroleum Trans.New York Court of Appeals · 1980
- Audrey CHLIEB, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1985
- Cross v. CrossAppellate Division of the Supreme Court of the State of New York · 1984
- Ram v. RamharackNew York Supreme Court · 1991
- Baron v. SuissaAppellate Division of the Supreme Court of the State of New York · 2010
8 more not listed; retrieve them via the Exa API.