Legal Opinion

In re the Estate of Denny

New York Surrogate's Court

Decided March 25, 1957Published

1Opinion of the Court

W. Vincent Grady, S.

The executor under the will of this decedent seeks a determination as to the validity and effect of an election made by the widow pursuant to the provisions of section 18 of the Decedent Estate Law to take her intestate share against the provisions of the will.

The will is dated August 2, 1954, and the decedent died on May 15, 1956, a resident of this county, leaving an estate in excess of $10,000. The only provision for the widow is contained in paragraph numbered “Sixth” of said will and reads as follows: “ I give, devise and bequeath to my wife the sum of one hundred…

2Cases cited10 opinions

  1. Boyd v. . De La MontagnieNew York Court of Appeals · 1878
  2. In Re the Estate of PhillipsNew York Court of Appeals · 1944
  3. Butler v. . PrentissNew York Court of Appeals · 1899
  4. In re RogersAppellate Division of the Supreme Court of the State of New York · 1937
  5. Lamb v. LambAppellate Division of the Supreme Court of the State of New York · 1897

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