Home/New York Court of Appeals/In re the Estate of Newins

In re the Estate of Newins

187 N.E.2d 360, 12 N.Y.2d 824
CourtNew York Court of Appeals
DecidedDecember 6, 1962
StatusPublished
Cited by2 cases

This text of 187 N.E.2d 360 (In re the Estate of Newins) 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.

Bluebook
In re the Estate of Newins, 187 N.E.2d 360, 12 N.Y.2d 824 (N.Y. 1962).

Opinion

Order affirmed, without costs, in the following memorandum: By reason of the strong legislative policy reflected in subdivision 7 of section 1135 of the Civil Practice Act, we read the broad language of section 40 of the Surrogate’s Court Act to vest in the Surrogate the power to decide and declare that a child of a void or voidable marriage is the legitimate child of the decedent whose will or estate is before him. (Cf., e.g., People ex rel. Bennett v. Laman, 277 N. Y. 368, 382-384.) No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Fboessel, Van Voobhis, Bubke and Foster.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re the Estate of Shubert
110 Misc. 2d 635 (New York Surrogate's Court, 1981)
In re the Estate of Kennedy
89 Misc. 2d 551 (New York Surrogate's Court, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
187 N.E.2d 360, 12 N.Y.2d 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-newins-ny-1962.