Legal Opinion

In re the Estate of Sunshine

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 1976PublishedCited by 27 opinions

1Opinion of the CourtBirns, J.

By this proceeding petitioner Elizabeth Sunshine, as surviving spouse of Oscar Sunshine, sought a decree deter*327mining the validity and effect of her election to take against the will of decedent.

Petitioner and decedent were married on December 15, 1964. It was a second marriage for both and each had a child by a previous marriage. Their respective ages were 43 and 62 years. Decedent died November 24, 1971. Prior to marriage each signed the antenuptial agreement which has been raised as a defense to the petition herein. The agreement was drawn by decedent’s attorney. Petitioner was not…

2Cases cited3 opinions

  1. In Re the Estate of PhillipsNew York Court of Appeals · 1944
  2. In re the Estate of LibermanAppellate Division of the Supreme Court of the State of New York · 1957
  3. In re the Estate of LibermanNew York Court of Appeals · 1958

3Cited by27 opinions

  1. Elgar v. ElgarSupreme Court of Connecticut · 1996
  2. Bloomfield v. BloomfieldNew York Court of Appeals · 2001
  3. Avitzur v. AvitzurNew York Court of Appeals · 1983
  4. Prudential Insurance Co. of America v. BMC Industries, Inc.District Court, S.D. New York · 1986
  5. Panossian v. PanossianAppellate Division of the Supreme Court of the State of New York · 1991

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