In re the Estate of Brookes

Appellate Division of the Supreme Court of New York

In re the Estate of Brookes

9 A.D.2d 927, 195 N.Y.S.2d 389, 1959 N.Y. App. Div. LEXIS 5375

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

DecidedDecember 28, 1959

StatusPublished

Cited by1 cases

This text of 9 A.D.2d 927 (In re the Estate of Brookes) 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 Brookes, 9 A.D.2d 927, 195 N.Y.S.2d 389, 1959 N.Y. App. Div. LEXIS 5375 (N.Y. Ct. App. 1959).

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Opinion

Appeal from an order of the Surrogate’s Court, Suffolk County, [928]*928(1) granting respondent’s application to be relieved of his default in filing and recording his notice of election to take in contravention of the will (Decedent Estate Law, § 18), and (2) permitting him to file and record such notice nunc pro tune. Order reversed, with $10 costs and disbursements to appellant, payable by respondent personally, and application denied. More than 12 months having elapsed subsequent to the issuance of letters testamentary, the Surrogate had no power to relieve respondent of his default in filing and recording his notice of election (Matter of Picone, 199 Mise. 1039, affd. 279 App. Div. 787; Matter of Bornstem, 199 Mise. 1043). Wenzel, Acting P. J., Beldoek, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased. [17 Misc 2d 254.]

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Appeal from an order of the Surrogate’s Court, Suffolk County, [928]*928(1) granting respondent’s application to be relieved of his default in filing and recording his notice of election to take in contravention of the will (Decedent Estate Law, § 18), and (2) permitting him to file and record such notice nunc pro tune. Order reversed, with $10 costs and disbursements to appellant, payable by respondent personally, and application denied. More than 12 months having elapsed subsequent to the issuance of letters testamentary, the Surrogate had no power to relieve respondent of his default in filing and recording his notice of election (Matter of Picone, 199 Mise. 1039, affd. 279 App. Div. 787; Matter of Bornstem, 199 Mise. 1043). Wenzel, Acting P. J., Beldoek, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased. [17 Misc 2d 254.]

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Bluebook (online)

9 A.D.2d 927, 195 N.Y.S.2d 389, 1959 N.Y. App. Div. LEXIS 5375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-brookes-nyappdiv-1959.

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