Legal Opinion
In re the Estate of Burza
New York Surrogate's Court
Decided February 16, 1934PublishedCited by 12 opinions
1Opinion of the Court
Foley, S.
In this accounting proceeding a dispute arises as to whether the wife of the decedent survived him.. Both died in their home on December 29, 1931, from illuminating gas asphyxiation. The administratrix of the wife’s estate contends that she survived. The next of kin of the husband assert that there is no proof to sustain that contention. The law applicable to the case of the death of two or more persons in a common disaster may be summarized as follows:(1) There is no presumption either of a survivorship or of simultaneous death. (McGowin v. Menken, 223 N. Y. 509, 511.)
*578(2) There is…
2Cases cited6 opinions
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Newell v. . NicholsNew York Court of Appeals · 1878
- McGowin v. . MenkenNew York Court of Appeals · 1918
- St. John v. Andrews Institute for GirlsAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Estate of HaywardNew York Surrogate's Court · 1932
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Davis v. MitchellCourt of Appeals of Tennessee · 1943
- State Land Board v. LongOregon Supreme Court · 1950
- In re the Estate of Di BellaNew York Surrogate's Court · 1950
- In re the Estate of BurzaNew York Surrogate's Court · 1935
- In re the Estate of DuksztaNew York Surrogate's Court · 1948
7 more not listed; retrieve them via the Exa API.