Legal Opinion
In re the Estate of Rappaport
New York Surrogate's Court
Decided January 31, 1980PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
John D. Bennett, J.
This application raises an interesting question of the executor’s authority and the court’s power to compromise a claim against the estate over the opposition of all of the beneficiaries.
The claim is the subject of litigation in which the executor so far has been successful in dismissing the action against the decedent and his solely owned corporation, Jay B. Rappaport, Inc., on a motion for summary judgment. However, the matter is presently on appeal and the executor urges that in order to avoid the possibility of a reversal the matter be settled for…
2Cases cited3 opinions
- In Re the Estate of LeopoldNew York Court of Appeals · 1932
- Scully v. . McGrathNew York Court of Appeals · 1911
- In re the Estate of BarberNew York Surrogate's Court · 1954
3Cited by6 opinions
- Smithers v. St. Luke's-Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2001
- Levine v. MellinAppellate Division of the Supreme Court of the State of New York · 1980
- Bell v. JollyNew York Supreme Court · 1997
- In re the Estate of EssenbergNew York Surrogate's Court · 1983
- In re the Estate of RosenNew York Surrogate's Court · 1985
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