Legal Opinion

In re the Estate of Lee

New York Surrogate's Court

Decided October 29, 1962PublishedCited by 1 opinion

1Opinion of the Court

John D. Bennett, S.

In this proceeding the decedent’s widow has objected to the account’s failure to set apart certain assets as exemptions to which she claims to be entitled under section 200 of the Surrogate’s Court Act.

The failure of the respondent-widow to assert her rights within six years from the date of death of her husband is an effective bar to the enforcement of such rights (Matter of Campbell, 96 App. Div. 561; Matter of Driscoll, 12 Misc 2d 427; Matter of Goldman, 158 Misc. 497; Matter of Bettiga, 46 N. Y. S. 2d 159). Her objections are accordingly dismissed.

2Cases cited3 opinions

  1. In re the Estate of DriscollNew York Surrogate's Court · 1958
  2. In re the Estate of GoldmanNew York Surrogate's Court · 1936
  3. In re the Estate of CampbellAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by1 opinion

  1. In re the Estate of VoigtNew York Surrogate's Court · 1965