Legal Opinion
In re the Estate of Guilmartin
New York Surrogate's Court
Decided September 30, 1935PublishedCited by 17 opinions
1Opinion of the Court
Wingate, S.
Since the rendition of the learned and lucid decisions of Justice Carswell in Matter of Scolpino (231 App. Div. 690) and of Surrogate Foley in Matter of De Coppet (142 Misc. 816; affd., 237 App. Div. 810), the rules respecting the testamentary provisions which will avoid the operation of section 35 of the Decedent Estate Law, partially invalidating a will by a subsequent marriage, have ceased to be the source of perplexity to bench and bar which they previously were.
The question presented herein, while analogous in general concept, appears never before to have been made the subject…
2Cases cited15 opinions
- Brush v. WilkinsNew York Court of Chancery · 1820
- Bourne v. DorneyAppellate Division of the Supreme Court of the State of New York · 1918
- Bourne v. . DorneyNew York Court of Appeals · 1919
- In re the Estate of MarshNew York Surrogate's Court · 1932
- In re the Estate of BentNew York Surrogate's Court · 1932
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In re the Construction of the Will of CharlesNew York Surrogate's Court · 1951
- In Re Hamilton's EstateWashington Supreme Court · 1968
- Davis v. DavisCourt of Appeals of Maryland · 1976
- Marshall v. MarshallCourt of Appeals of Tennessee · 1941
- In re the Estate of GriffinNew York Surrogate's Court · 1936
12 more not listed; retrieve them via the Exa API.