Legal Opinion

In re the Estate of Ester T.

New York Surrogate's Court

Decided April 20, 1976Published

1Opinion of the CourtJohn D. Bennett, J.

In this probate proceeding the contestant’s status as a distributee having been put in issue by proponent, a preliminary hearing was held to determine whether the contestant is decedent’s son.

Decedent died on July 27, 1974. On August 4, 1974 contestant, claiming to be decedent’s only child, requested letters of administration on her estate alleging that decedent was survived by one son and "a purported husband,” the proponent. On August 14, 1974 proponent sought probate of a writing dated July 24, 1974 in which he was named the executor and sole beneficiary. His petition alleged that the…

2Cases cited8 opinions

  1. In Re the Estate of FindlayNew York Court of Appeals · 1930
  2. Williams v. AlexanderNew York Court of Appeals · 1955
  3. Eisenlord v. . ClumNew York Court of Appeals · 1891
  4. In re the Estate of StrongNew York Surrogate's Court · 1938
  5. In re the Estate of SwahnNew York Surrogate's Court · 1936

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