In re the Estate of Berry

Appellate Division of the Supreme Court of New York

In re the Estate of Berry

33 A.D.2d 751, 305 N.Y.S.2d 1002, 1969 N.Y. App. Div. LEXIS 2696

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

DecidedDecember 4, 1969

StatusPublished

This text of 33 A.D.2d 751 (In re the Estate of Berry) 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

In re the Estate of Berry, 33 A.D.2d 751, 305 N.Y.S.2d 1002, 1969 N.Y. App. Div. LEXIS 2696 (N.Y. Ct. App. 1969).

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Opinion

Surrogate’s Court decree, entered May 13, 1969, affirmed, with costs and disbursements payable out of the estate to all parties filing briefs. We fully agree with the Surrogate’s conclusion that the order of Supreme Court, entered June 17, 1968, is “permissive of the acts taken by the Committee of the incompetent spouse in filing the election on behalf of the incompetent under both statutes ” (former Decedent Estate Law, §§ 17, 18-b). No further order of the Supreme Court is required to authorize the exercise of the right of election as provided for in the notice of election dated February 29, 1968. If, as seems to be conceded, the estate is such that the charitable excess as well as the intestate share of the surviving husband would exceed $10,000, the executor may pay said sum immediately, and such payment will be taken into consideration in the computation of the excess payment to charity to be distributed on the termination of the life estate. Concur — ■ Stevens, P. J., Eager, Capozzoli, Nunez and McNally, JJ.

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Surrogate’s Court decree, entered May 13, 1969, affirmed, with costs and disbursements payable out of the estate to all parties filing briefs. We fully agree with the Surrogate’s conclusion that the order of Supreme Court, entered June 17, 1968, is “permissive of the acts taken by the Committee of the incompetent spouse in filing the election on behalf of the incompetent under both statutes ” (former Decedent Estate Law, §§ 17, 18-b). No further order of the Supreme Court is required to authorize the exercise of the right of election as provided for in the notice of election dated February 29, 1968. If, as seems to be conceded, the estate is such that the charitable excess as well as the intestate share of the surviving husband would exceed $10,000, the executor may pay said sum immediately, and such payment will be taken into consideration in the computation of the excess payment to charity to be distributed on the termination of the life estate. Concur — ■ Stevens, P. J., Eager, Capozzoli, Nunez and McNally, JJ.

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Bluebook (online)

33 A.D.2d 751, 305 N.Y.S.2d 1002, 1969 N.Y. App. Div. LEXIS 2696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-berry-nyappdiv-1969.