In re the Estate of Shapiro

Appellate Division of the Supreme Court of New York

In re the Estate of Shapiro

34 A.D.2d 1064, 312 N.Y.S.2d 43, 1970 N.Y. App. Div. LEXIS 4235

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

DecidedJune 30, 1970

StatusPublished

Cited by1 cases

This text of 34 A.D.2d 1064 (In re the Estate of Shapiro) 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 Shapiro, 34 A.D.2d 1064, 312 N.Y.S.2d 43, 1970 N.Y. App. Div. LEXIS 4235 (N.Y. Ct. App. 1970).

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Opinion

Memorandum by the Court. Appeal from a decree of the Surrogate’s Court of Sullivan 'County which, in a proceeding to determine the validity and effect of the attempted election by testator’s widow to take her share of decedent’s estate as in intestacy (EPTL 5-1.1), held the widow barred from such election by virtue of the provisions of an antenuptial agreement. The evidence in the present case contained questions of fact for the Surrogate and we perceive no basis for disturbing his findings. The agreement was duly executed and acknowledged and the decision of the Surrogate correctly decides the legal issues argued on this appeal. Decree affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and 'Sweeney, JJ., concur in memorandum by the court.

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Memorandum by the Court. Appeal from a decree of the Surrogate’s Court of Sullivan 'County which, in a proceeding to determine the validity and effect of the attempted election by testator’s widow to take her share of decedent’s estate as in intestacy (EPTL 5-1.1), held the widow barred from such election by virtue of the provisions of an antenuptial agreement. The evidence in the present case contained questions of fact for the Surrogate and we perceive no basis for disturbing his findings. The agreement was duly executed and acknowledged and the decision of the Surrogate correctly decides the legal issues argued on this appeal. Decree affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and 'Sweeney, JJ., concur in memorandum by the court.

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Bluebook (online)

34 A.D.2d 1064, 312 N.Y.S.2d 43, 1970 N.Y. App. Div. LEXIS 4235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-shapiro-nyappdiv-1970.

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