Legal Opinion

In re the Estate of Davis

New York Court of Appeals

Decided June 1, 1967PublishedCited by 15 opinions

1Opinion of the CourtVan Voorhis, J.

The will made no provision for the widow by reason of an antenuptial agreement whereby decedent and his widow each waived any right in the estate of the other. In this probate proceeding the proponent moved for an order striking, the appearance of the widow and determining that she had no status to file objections. The 'appellant argues that the husband’s failure to disclose the extent of his assets or to make any provision for the wife constitutes overreaching which vitiates the agreement.

If he had given to his intended wife a balance sheet showing his assets and liabilities, no question…

2Cases cited11 opinions

  1. Pierce v. . PierceNew York Court of Appeals · 1877
  2. In Re the Estate of PhillipsNew York Court of Appeals · 1944
  3. In Re the Estate of StoneNew York Court of Appeals · 1936
  4. Graham v. . GrahamNew York Court of Appeals · 1894
  5. In re the Estate of MooreNew York Surrogate's Court · 1937

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Avitzur v. AvitzurNew York Court of Appeals · 1983
  2. In Re the Estate of GreiffNew York Court of Appeals · 1998
  3. In re the Estate of SunshineNew York Court of Appeals · 1976
  4. Kessler v. KesslerAppellate Division of the Supreme Court of the State of New York · 2006
  5. Panossian v. PanossianAppellate Division of the Supreme Court of the State of New York · 1991

10 more not listed; retrieve them via the Exa API.

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