Legal Opinion

In re the Estate of Chmiel

New York Surrogate's Court

Decided April 11, 1995PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John M. Thomas, S.

In this motion for summary judgment, the decedent’s surviving spouse seeks dismissal of a cross petition for probate by the brother of the decedent and issuance of letters testamentary to herself.

*855Joseph M. Chmiel died on August 2, 1994, leaving as his sole distributee Debra S. Chmiel, his surviving spouse, and the aforementioned will which left the decedent’s estate in its entirety to Debra Chmiel with a gift over to the decedent’s brother, Ronald E. Chmiel, in the event that the decedent’s wife predeceased him.

Eight months after the execution of the will…

2Cases cited12 opinions

  1. Langdon v. . Astor's ExecutorsNew York Court of Appeals · 1857
  2. In re the Estate of GilmourNew York Surrogate's Court · 1932
  3. Titus v. BassiAppellate Division of the Supreme Court of the State of New York · 1918
  4. In re the Estate of MarucciaNew York Court of Appeals · 1981
  5. In re HollisterNew York Court of Appeals · 1966

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3Cited by1 opinion

  1. In re the Estate of StilesAppellate Division of the Supreme Court of the State of New York · 1996

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