Legal Opinion

In re the Accounting of Rathscheck

New York Surrogate's Court

Decided January 28, 1948PublishedCited by 1 opinion

1Opinion of the Court

Delehanty, S.

In this accounting proceeding it is necessary to pass upon the status of the fiduciary herself as claimant and as distributee. The amount in the estate is less than $10,000. If the accounting party is not the widow of deceased or (being such widow) is disentitled to a status as distributee the collaterals of deceased will take the net estate.

The matrimonial history of deceased and his wife is this: After differences between them they agreed on the procurement of a “ mail order ” Mexican divorce and by their joint action caused a Mexican court to issue on May 19,1944, a decree…

2Cases cited8 opinions

  1. Starbuck v. . StarbuckNew York Court of Appeals · 1903
  2. In Re the Estate of BurridgeNew York Court of Appeals · 1933
  3. In re Feyh's EstateNew York Supreme Court · 1889
  4. Monroe County Savings Bank v. YeomanNew York Supreme Court · 1922
  5. In Re the Estate of SchmidtNew York Court of Appeals · 1936

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3Cited by1 opinion

  1. In re the Estate of LoebNew York Surrogate's Court · 1974

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