Legal Opinion

In re the Estate of Artope

New York Surrogate's Court

Decided September 12, 1989PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

C. Raymond Radican, J.

In this contested probate proceeding, objectant decedent’s daughter has raised the usual objections to probate relating to due execution, testamentary capacity, fraud, and undue influence. A fifth objection alleges facts which seeks to establish the existence of a constructive trust for the benefit of objectant.

*1091Decedent’s will, executed January 17, 1984, left her entire estate outright to her granddaughter. Objectant contends that decedent executed this will only because of an agreement between decedent and proponent that proponent would accept the…

2Cases cited13 opinions

  1. In re the Estate of PiccioneNew York Court of Appeals · 1982
  2. In re the Estate of WeinstockNew York Court of Appeals · 1976
  3. In re Proving the Last Will & Testament of HermannAppellate Division of the Supreme Court of the State of New York · 1917
  4. In Re Proving the Will of HermannNew York Court of Appeals · 1917
  5. In Re the Probate of the Will of HigginsNew York Court of Appeals · 1934

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3Cited by1 opinion

  1. Hodge Ex Rel. Skiff v. HodgeDistrict Court, N.D. New York · 1999

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