Legal Opinion
In re the Estate of Henken
New York Surrogate's Court
Decided February 25, 1988PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
William B. Braatz, S.
In this proceeding the three children of decedent David T. Henken’s first marriage, Jonathan Henken, Mariamne Henken Whatley and Elissa Ruth Henken, seek an order annulling the election by the surviving spouse of decedent, Patricia V. Henken, to take against his will. They base their application upon a document containing what purports to be a waiver by David T. Henken and Patricia V. Henken, then Patricia Rubenstein, of the respective rights of each to make *13any claim against the other’s estate. The only will in existence at the time of decedent’s…
2Cases cited8 opinions
- In re the Estate of MaulNew York Surrogate's Court · 1941
- In Re the Estate of MaulNew York Court of Appeals · 1942
- In re the Accounting of WarrenNew York Court of Appeals · 1962
- In re the Estate of WarrenAppellate Division of the Supreme Court of the State of New York · 1962
- In re the Estate of GriffithsNew York Surrogate's Court · 1963
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3Cited by2 opinions
- In re the Estate of HenkenAppellate Division of the Supreme Court of the State of New York · 1989
- In re the Estate of PressAppellate Division of the Supreme Court of the State of New York · 2006