Legal Opinion
In re the Construction of the Will of Brown
New York Surrogate's Court
Decided November 17, 1960PublishedCited by 2 opinions
1Opinion of the Court
Joseph A. Cox, S.
In this proceeding the petitioner, who is the widow of the testator, requests a construction of the will. The issue is whether or not the petitioner has a right of election against the will pursuant to section 18 of the Decedent Estate Law. One of the executors has answered alleging an oral agreement by the petitioner to accept the provisions of the will. The answer requests that the petition for construction be dismissed or, in the alternative, that the petitioner be requested to refund any consideration received by her under the oral agreement.
The second article of the will…
2Cases cited7 opinions
- Irving Trust Co. v. DaySupreme Court of the United States · 1942
- In Re the Estate of McGloneNew York Court of Appeals · 1940
- In re the Estate of MooreNew York Surrogate's Court · 1937
- In Re the Accounting of ColaciNew York Court of Appeals · 1942
- In Re the Estate of MooreNew York Court of Appeals · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of GuarnieriNew York Surrogate's Court · 1966
- In re the Construction of the Will of HoyleNew York Surrogate's Court · 1960