Dalisa v. Dumoff

Appellate Division of the Supreme Court of New York

Dalisa v. Dumoff

286 A.D. 856, 141 N.Y.S.2d 700, 1955 N.Y. App. Div. LEXIS 4359

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

DecidedJune 13, 1955

StatusPublished

Cited by3 cases

This text of 286 A.D. 856 (Dalisa v. Dumoff) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dalisa v. Dumoff, 286 A.D. 856, 141 N.Y.S.2d 700, 1955 N.Y. App. Div. LEXIS 4359 (N.Y. Ct. App. 1955).

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Opinion

In an action by a judgment creditor to set aside the waiver by the judgment debtor of his right of election against the will of his deceased wife from which he had been excluded, to declare the judgment debtor to be entitled to a one-third interest in his wife’s estate, and for other relief, plaintiff appeals from a judgment dismissing the complaint. Judgment unanimously affirmed, with costs. The right of election granted by section 18 of the Decedent Estate Law is personal to the surviving spouse. (Matter of Hills, 264 N. Y. 349; Fleming’s Estate, 217 Pa. 610.) It cannot be exercised in his behalf by a party acting in hostility to the spouse, nor may he be compelled to exercise it for the benefit of his creditors. (Matter of Herter, 193 Mise. 602, affd. 274 App. Div. 979, affd. 300 N. Y. 532.) Present — Nolan, P. J., Wenzel, Schmidt, Murphy and Ughetta, JJ. [206 Misc. 259.] [See post, p. 967.]

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In an action by a judgment creditor to set aside the waiver by the judgment debtor of his right of election against the will of his deceased wife from which he had been excluded, to declare the judgment debtor to be entitled to a one-third interest in his wife’s estate, and for other relief, plaintiff appeals from a judgment dismissing the complaint. Judgment unanimously affirmed, with costs. The right of election granted by section 18 of the Decedent Estate Law is personal to the surviving spouse. (Matter of Hills, 264 N. Y. 349; Fleming’s Estate, 217 Pa. 610.) It cannot be exercised in his behalf by a party acting in hostility to the spouse, nor may he be compelled to exercise it for the benefit of his creditors. (Matter of Herter, 193 Mise. 602, affd. 274 App. Div. 979, affd. 300 N. Y. 532.) Present — Nolan, P. J., Wenzel, Schmidt, Murphy and Ughetta, JJ. [206 Misc. 259.] [See post, p. 967.]

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Bluebook (online)

286 A.D. 856, 141 N.Y.S.2d 700, 1955 N.Y. App. Div. LEXIS 4359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalisa-v-dumoff-nyappdiv-1955.

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