Legal Opinion
In re the Estate of Dettmer
New York Surrogate's Court
Decided May 14, 1941PublishedCited by 5 opinions
1Opinion of the Court
Wingate, S.
It is a well-established and familiar principle of the law of wills that a condition upon a testamentary gift imposing a general restraint upon the marriage of the beneficiary is void. (Matter of Seaman, 218 N. Y. 77, 81; Matter of Liberman, 279 id. 458, 464.) There is a general impression in this and in other States of the existence of an exception to this rule in respect of an estate to a surviving spouse during widowhood, although there appears to be a singular dearth of New York adjudications which have expressly so held (See Chapin v. Marvin, 12 Wend. 538, 540; Matter of…
2Cases cited14 opinions
- Appleby v. Estates of ApplebySupreme Court of Minnesota · 1907
- In re the Judicial Settlement of the Account of KelleyAppellate Division of the Supreme Court of the State of New York · 1928
- In Re the Accounting of KelleyNew York Court of Appeals · 1929
- Overton v. LeaTennessee Supreme Court · 1902
- In Re Proving the Will of SeamanNew York Court of Appeals · 1916
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3Cited by5 opinions
- In re the Will of LambertNew York Surrogate's Court · 1944
- In re the Construction of the Will of BrowerNew York Surrogate's Court · 1960
- In re National City BankAppellate Division of the Supreme Court of the State of New York · 1941
- In re the Construction of the Will of MaijgrenNew York Surrogate's Court · 1949
- In re the Will of TroickeNew York Surrogate's Court · 1947