Legal Opinion
In re the Estate of Rinder
New York Surrogate's Court
Decided August 15, 1949PublishedCited by 5 opinions
1Opinion of the Court
Frankenthaler, S.
Respondents object to the issuance of letters of administration upon the ground that deceased did not die intestate. They assert that a valid will exists in which they are named as beneficiaries. However, no effort has been made to offer any alleged will for probate. It is only in such proceeding that the validity of an alleged last will may.be established (Matter of Billet, 187 App. Div. 309; Matter of Friedman, 164 Misc. 440; Matter of Pearle. N. Y. L. J., June 9, 1949, p. 2059, col. 6). Until such time there is no proof that deceased died testate (Matter of Cameron, 47…
2Cases cited7 opinions
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- In re the Application for Letters of Administration of the Goods, Chattels & Credits of BilletAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Probate of a Paper Propounded, as the Last Will & Testament of SchofieldNew York Surrogate's Court · 1911
- In re the Estate of AndriolaNew York Surrogate's Court · 1936
- In re the Estate of FriedmanNew York Surrogate's Court · 1937
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3Cited by5 opinions
- In re the Probate of the Will of MittelstaedtAppellate Division of the Supreme Court of the State of New York · 1952
- In re the Estate of Von RipperNew York Surrogate's Court · 1978
- Matter of DingerAppellate Division of the Supreme Court of the State of New York · 2017
- In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014