Legal Opinion
In re the Estate of Green
New York Surrogate's Court
Decided May 23, 1935PublishedCited by 34 opinions
1Opinion of the Court
Delehanty, S.
The widow of deceased makes application for determination now of the validity and effect of an election heretofore filed by her to take an intestate share in the property of deceased against the provisions of his will. The executors and the residuary legatees of deceased oppose her application and assert •that she has no right of election because of the provisions of subdivision 5 of section 18 of the Decedent Estate Law which says: “ No wife who has abandoned her husband shall have the right of such an election.”
There is some conflict of fact in the record. In so far as that…
2Cases cited14 opinions
- Fisher v. FisherNew York Court of Appeals · 1929
- Cunningham v. . CunninghamNew York Court of Appeals · 1912
- Hawkins v. . HawkinsNew York Court of Appeals · 1908
- Bowman's EstateSupreme Court of Pennsylvania · 1930
- Lodge's EstateSupreme Court of Pennsylvania · 1926
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In re the Estate of BarcNew York Surrogate's Court · 1941
- Thompson v. ThompsonNew York Supreme Court · 1937
- City Bank Farmers Trust Co. v. MillerNew York Supreme Court · 1937
- Masciarelli v. Delaware & Hudson RailroadNew York Supreme Court · 1942
- In re the Estate of ChandlerNew York Surrogate's Court · 1941
29 more not listed; retrieve them via the Exa API.