In re Matthews
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTaylor, J.
The appellant, testator’s widow, petitioned (Surr. Ct. Act, § 145-a) for a determination that she might elect, pursuant to section 18 of the Decedent Estate Law, to take her intestate share of the estate in lieu of testamentary provisions for her benefit. Ultimately, subsequent to the ruling in Matter of Clark (275 N. Y. 1), the learned surrogate determined that she was not entitled to elect (Matter of Matthews, 164 Misc. 578).
The decree appealed from in effect adjudged that the will contains a provision giving to the surviving spouse an absolute legacy of $2,500, and also a provision for a…
2Cases cited16 opinions
- Matter of ByrnesNew York Court of Appeals · 1933
- In Re the Estate of MillerNew York Court of Appeals · 1888
- Westervelt v. . GreggNew York Court of Appeals · 1854
- In re CurleyAppellate Division of the Supreme Court of the State of New York · 1935
- In Re the Will of CurleyNew York Court of Appeals · 1935
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- In re the Estate of PetersNew York Surrogate's Court · 1949
- In re the Will of BlumenthalNew York Surrogate's Court · 1943
- In re the Estate of SchmidtNew York Surrogate's Court · 1938
- In re the Accounting of HeinrichNew York Surrogate's Court · 1949
- American Security & Trust Co. v. FrostCourt of Appeals for the D.C. Circuit · 1940
32 more not listed; retrieve them via the Exa API.