Legal Opinion
In re Navasky
New York Surrogate's Court
Decided May 22, 1950PublishedCited by 2 opinions
1Opinion of the Court
McGarey, S.
On the proof taken pursuant to the prior decision rendered herein the court finds that the notice of election of the testatrix ’ husband was personally served on the nominated executor on June 4, 1942, and retained by him. It appearing that no one will be prejudiced thereby, the filing and recording of the proof of service of the notice and the recording of the notice will be deemed to have been effected nunc pro tune within the six months’ period prescribed .by section 18 of Decedent Estate Law, and the court holds that testatrix’ husband validly exercised his right of election…
2Cases cited8 opinions
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Forsyth v. . City of OswegoNew York Court of Appeals · 1908
- Punsky v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of CampbellNew York Surrogate's Court · 1946
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3Cited by2 opinions
- In re the Establishment of a Supplemental Needs Trust for GilletteNew York Surrogate's Court · 2003
- In re the Probate of the Will of PeterNew York Surrogate's Court · 1959