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

  1. In re the Probate of the Will of ElwynAppellate Division of the Supreme Court of the State of New York · 1954

3Cited by1 opinion

  1. In re the Estate of BubelierNew York Surrogate's Court · 1987