Legal Opinion

In re the Probate of the Will of Radt

New York Surrogate's Court

Decided April 8, 1957PublishedCited by 3 opinions

1Opinion of the Court

Anthony P. Savarese, S.

In this probate proceeding a determination is sought as to the adequacy of the decedent’s provision for, or mention of, his after-born child to avoid the possible right of said child under section 26 of the Decedent Estate Law.

Decedent died on March 4, 1957, being survived by his wife and an infant born after the execution of the propounded paper. The second paragraph of this paper is a bequest of the residuary estate to decedent’s wife, the petitioner herein. By the third paragraph it is provided that, in the event of petitioner’s predecease, the residuary estate shall…

2Cases cited4 opinions

  1. McLean v. . McLeanNew York Court of Appeals · 1913
  2. Holbrook v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1920
  3. Holbrook v. . HolbrookNew York Court of Appeals · 1921
  4. In re the Accounting of National City BankNew York Supreme Court · 1954

3Cited by3 opinions

  1. Cabrer v. El Registrador de la Propiedad de HumacaoSupreme Court of Puerto Rico · 1982
  2. In re the Trust for the Benefit of DukeNew Jersey Superior Court Appellate Division · 1995
  3. In re the Accounting of Guaranty Trust Co.New York Surrogate's Court · 1959

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