Legal Opinion
In re the Estate of Sernau
New York Surrogate's Court
Decided July 27, 1962PublishedCited by 5 opinions
1Opinion of the Court
Joseph A. Cox, S.
This is a construction proceeding to determine whether or not testator’s widow may elect to take against the will because of its failure to comply with the provisions of section 18 of the Decedent Estate Law. She asserts such right by reason of paragraph first of the will read in conjunction with paragraph fourth (o). They provide as follows:
1 ‘ FIRST
‘1 If. my wife, lotte g. seruau, survives me, then I give to my Trustee as much of my net estate as she would have the right to elect to take by virtue of the laws of the State of New York, or any other State in which I may die…
2Cases cited25 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- Matter of DurandNew York Court of Appeals · 1928
- In re the Accounting of HubbellNew York Court of Appeals · 1951
- Matter of RookerNew York Court of Appeals · 1928
- In re the Estate of WittnerNew York Court of Appeals · 1950
20 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of BauerNew York Surrogate's Court · 1967
- In re the Estate of TonettiNew York Surrogate's Court · 1967
- In re the Estate of AaronsonAppellate Division of the Supreme Court of the State of New York · 1963
- In re the Estate of GerardNew York Surrogate's Court · 1975
- In re the Estate of PlimackNew York Surrogate's Court · 1973