Legal Opinion

In re the Estate of Distefano

New York Surrogate's Court

Decided May 3, 1938PublishedCited by 4 opinions

1Opinion of the Court

Delehanty, S.

During his lifetime deceased was a teacher in the public school system of New York city and a member of the Teachers’ Retirement System. After his death there was paid to his administratrix the amount due from the Teachers’ Retirement Fund. Application is here made that payment be directed out of the moneys so paid into the estate of the amount due on a note signed by deceased as an accommodation comaker. Payment is resisted by the administratrix. Pursuant to stipulation the claimant and the administratrix have submitted for determination the question whether the amount paid to…

2Cases cited11 opinions

  1. Surace v. DannaNew York Court of Appeals · 1928
  2. Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
  3. Holmes v. MarshallCalifornia Supreme Court · 1905
  4. Succession of Le BlancSupreme Court of Louisiana · 1917
  5. Pagel v. PagelSupreme Court of the United States · 1934

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3Cited by4 opinions

  1. Caravaggio v. Retirement Board of the Teachers' Retirement SystemNew York Court of Appeals · 1975
  2. Hecht v. WhalenNew York Supreme Court · 1940
  3. In re the Estate of KingNew York Surrogate's Court · 2003
  4. In re Estate of FinkCourt of Appeals of Minnesota · 1988

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