Legal Opinion
In re the Last Will & Testament of Scolpino
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1931PublishedCited by 10 opinions
1Opinion of the CourtCarswell, J.
The surrogate has held that the will of Michael Scolpino, made July 13, 1923, was revoked as to his widow, Mary, by reason of his marriage to her on February 20, 1927. This holding was based on section 35 of the Decedent Estate Law. The view taken was that a bequest to “ Mary Bertavelli ” of $1,000 did not constitute a “ provision ” for the widow as such, within the exception in the statute saving a will from revocation because of a testator’ marriage subsequent to the making of a will.
When the testator made his will on July 13, 1923, the widow he left surviving at his death on March 2, 1930,…
2Cases cited5 opinions
- Brush v. WilkinsNew York Court of Chancery · 1820
- In re Proving the Last Will & Testament of GaffkenAppellate Division of the Supreme Court of the State of New York · 1921
- In Re Proving the Will of GaffkenNew York Court of Appeals · 1922
- In re the Probate of the Last Will & Testament of LallyAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Estate of ReillyNew York Surrogate's Court · 1927
3Cited by10 opinions
- In re the Estate of GuilmartinNew York Surrogate's Court · 1935
- In re the Estate of BentNew York Surrogate's Court · 1932
- In re the Estate of de CoppetNew York Surrogate's Court · 1932
- In re the Estate of MosherNew York Surrogate's Court · 1932
- In re the Estate of GoldbergNew York Surrogate's Court · 1935
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