In re the Estate of Brinkmann
This text of 235 N.E.2d 773 (In re the Estate of Brinkmann) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
235 N.E.2d 773, 21 N.Y.2d 804, 288 N.Y.S.2d 634, 1968 N.Y. LEXIS 1610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-brinkmann-ny-1968.