In re the Estate of Tompkins

Appellate Division of the Supreme Court of New York

In re the Estate of Tompkins

55 A.D.2d 652, 390 N.Y.S.2d 156, 1976 N.Y. App. Div. LEXIS 15402

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

DecidedDecember 20, 1976

StatusPublished

This text of 55 A.D.2d 652 (In re the Estate of Tompkins) 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 Tompkins, 55 A.D.2d 652, 390 N.Y.S.2d 156, 1976 N.Y. App. Div. LEXIS 15402 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding to establish the right of inheritance to real property, petitioner appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Putnam County, entered July 23, 1975, as, after a hearing, granted the objectants’ claim. Decree affirmed insofar as appealed from, with one bill of costs jointly to respondents payable by petitioner, as executor. The evidence in this record adequately supports the Surrogate’s determination. Further, there is a legal presumption that every [653]*653child is born legitimately; the burden of establishing illegitimacy is upon those who assert it (4B Warren’s Heaton, Surrogates’ Cts, § 403, par 13, cl [b]; see, also, Matter of Matthews, 153 NY 443). Hopkins, Acting P. J., Cohalan, Shapiro and Suozzi, JJ., concur. -

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In a proceeding to establish the right of inheritance to real property, petitioner appeals, as limited by his brief, from so much of a decree of the Surrogate’s Court, Putnam County, entered July 23, 1975, as, after a hearing, granted the objectants’ claim. Decree affirmed insofar as appealed from, with one bill of costs jointly to respondents payable by petitioner, as executor. The evidence in this record adequately supports the Surrogate’s determination. Further, there is a legal presumption that every [653]*653child is born legitimately; the burden of establishing illegitimacy is upon those who assert it (4B Warren’s Heaton, Surrogates’ Cts, § 403, par 13, cl [b]; see, also, Matter of Matthews, 153 NY 443). Hopkins, Acting P. J., Cohalan, Shapiro and Suozzi, JJ., concur. -

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Bluebook (online)

55 A.D.2d 652, 390 N.Y.S.2d 156, 1976 N.Y. App. Div. LEXIS 15402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-tompkins-nyappdiv-1976.

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