In re the Estate of Brinkmann

235 N.E.2d 773, 21 N.Y.2d 804, 288 N.Y.S.2d 634, 1968 N.Y. LEXIS 1610
New York Court of Appeals·Decided February 15, 1968·Published·Cited by 1 cases

Opinion

[806]*806Order reversed and the petition dismissed, with costs against petitioner-respondent, on the dissenting opinion at the Appellate Division. We disagree with the rule stated in Matter of Elwyn (285 App. Div. 91) with respect to application of paragraph (d) of subdivision 1 of section 140 of the Surrogate’s Court Act. Question certified answered in the negative.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

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In re the Estate of Brinkmann, 235 N.E.2d 773, 21 N.Y.2d 804, 288 N.Y.S.2d 634, 1968 N.Y. LEXIS 1610 (N.Y. 1968).

235 N.E.2d 773 (In re the Estate of Brinkmann) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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