Legal Opinion

In re the Estate of Brumer

New York Surrogate's Court

Decided October 26, 1978Published

1Opinion of the Court

OPINION OF THE COURT

Frank D. Paulo, S.

The proponent has moved for an order dismissing the objections filed by one of the legatees to the probate of paragraph "eighth” of the last will and testament of the decedent.

The proponent’s contention on this motion is that the objectant, a legatee under the last will and testament of the decedent, and not a distributee, would lose all of her interest if the will now before the court for probate was denied probate. The proponent cites, for the court’s attention, certain recognized cases that hold, as a matter of law, that where an objectant would not…

2Cases cited4 opinions

  1. In re the Estate of WeinstockNew York Court of Appeals · 1976
  2. In re Probate of the Will of ScheuAppellate Division of the Supreme Court of the State of New York · 1967
  3. In re the Estate of ChadwellNew York Surrogate's Court · 1968
  4. In re RikertNew York Surrogate's Court · 1960

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