Legal Opinion
In re the Estate of Brinkmann
New York Court of Appeals
Decided February 15, 1968PublishedCited by 1 opinion
1Opinion of the Court
*806Order reversed and the petition dismissed, with costs against petitioner-respondent, on the dissenting opinion at the Appellate Division. We disagree with the rule stated in Matter of Elwyn (285 App. Div. 91) with respect to application of paragraph (d) of subdivision 1 of section 140 of the Surrogate’s Court Act. Question certified answered in the negative.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.
2Cases cited1 opinion
- In re the Probate of the Will of ElwynAppellate Division of the Supreme Court of the State of New York · 1954
3Cited by1 opinion
- In re the Estate of BubelierNew York Surrogate's Court · 1987