Legal Opinion
In re the Estate of Johnson
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1983PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Mollen, P. J.
The issue presented on this appeal is whether the equal protection clause of the Fourteenth Amendment is violated when a Surrogate reforms the provisions of a will so as to give effect to a testamentary bequest which discriminates on the basis of sex.
In 1978 Edwin Irving Johnson died. His will created a gender-restricted scholarship fund to be administered by the Croton-Harmon Union Free School District for the benefit of its needy and deserving male high school graduates. The school district declined to award the scholar*3ships on a gender-restricted basis,…
2Cases cited50 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
- Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
- Blum v. YaretskySupreme Court of the United States · 1982
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3Cited by3 opinions
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- In re Certain Scholarship FundsSupreme Court of New Hampshire · 1990
- State v. Trustees of the Freeholders & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1984