Legal Opinion
In re the Estate of Grieco
New York Surrogate's Court
Decided December 7, 1939PublishedCited by 3 opinions
1Opinion of the Court
Wingate, S.
The principle is well established that in equity a merger is not favored and that estates will be kept separate where such is the intention of the parties and justice requires it, and that intention will be gathered not only from the acts and declarations of the party but from a view of the situation as affecting his interest. (Smith v. Roberts, 91 N. Y. 470, 475.)
In the Surrogate’s Court these considerations are paramount, since it is a court of equitable jurisdiction. (Matter of Dickman, 142 Misc. 207, 210, and authorities cited,)
In the- present case C. and L. are tenants in…
2Cases cited4 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Sahler v. SignerNew York Supreme Court · 1865
- Clark v. RowellNew York County Court, Delaware County · 1937
- In re the Estate of DickmanNew York Surrogate's Court · 1931
3Cited by3 opinions
- In re the Accounting of NochomovNew York Surrogate's Court · 1954
- In re the Estate of HennelNew York Surrogate's Court · 2013
- Villanova Leasing Corp. v. L. M. J. Realty Corp.New York Supreme Court · 1962