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In re the Estate of Littman

15 Misc. 2d 430, 182 N.Y.S.2d 90, 1958 N.Y. Misc. LEXIS 2459
CourtNew York Surrogate's Court
DecidedOctober 28, 1958
StatusPublished
Cited by3 cases

This text of 15 Misc. 2d 430 (In re the Estate of Littman) is published on Counsel Stack Legal Research, covering New York Surrogate's Court 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 Littman, 15 Misc. 2d 430, 182 N.Y.S.2d 90, 1958 N.Y. Misc. LEXIS 2459 (N.Y. Super. Ct. 1958).

Opinion

Maximilian Moss, S.

This is a motion by a surviving spouse for an order that issues raised by her answer directed to the validity of a waiver of election be tried by a jury and issues be framed.

The right to trial by jury is a constitutional one preserved in those instances where it had heretofore existed in the Constitutions adopted in 1846 and 1894. The right of election was created by chapter 229 of the Laws of 1929, applicable to persons dying after August 31, 1930, and rights created thereby are not therefore determinable by a jury trial as a matter of right (Potter v. Ricca, 111 N. Y. S. 2d 489). The motion is denied.

Settle order on notice.

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Related

In re the Estate of Luria
63 Misc. 2d 675 (New York Surrogate's Court, 1970)
In re the Estate of Lacon
58 Misc. 2d 869 (New York Surrogate's Court, 1968)
In re the Estate of Freedman
49 Misc. 2d 239 (New York Surrogate's Court, 1966)

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Bluebook (online)
15 Misc. 2d 430, 182 N.Y.S.2d 90, 1958 N.Y. Misc. LEXIS 2459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-littman-nysurct-1958.