In re the Estate of White

New York Court of Appeals

In re the Estate of White

230 N.E.2d 735, 20 N.Y.2d 791, 284 N.Y.S.2d 95, 1967 N.Y. LEXIS 1208

CourtNew York Court of Appeals

DecidedSeptember 28, 1967

StatusPublished

Cited by1 cases

This text of 230 N.E.2d 735 (In re the Estate of White) 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 White, 230 N.E.2d 735, 20 N.Y.2d 791, 284 N.Y.S.2d 95, 1967 N.Y. LEXIS 1208 (N.Y. 1967).

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Opinion

Memorandum. The order of the Appellate Division should be reversed insofar as it affirmed the Surrogate’s determination that Cornell University was entitled to 10% of the appreciated value of the estate without taking into consideration the diminutive effect of the prior advances made by the executors to Cornell. Cornell University is only entitled to the appreciated value of the estate which is attributable to the undistributed portion of the testator’s general bequest to Cornell. The order should be modified in accordance with this memorandum and, as so modified, affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, and the matter remitted to the Surrogate’s Court for further proceedings in accordance with the memorandum herein.

Chief Judge Fuld and Judges Van Voorhis, Scileppi, Bergan, Keating and Breitel concur; Judge Burke dissents and votes to affirm upon the opinion at the Surrogate’s Court.

Ordered accordingly.

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Memorandum. The order of the Appellate Division should be reversed insofar as it affirmed the Surrogate’s determination that Cornell University was entitled to 10% of the appreciated value of the estate without taking into consideration the diminutive effect of the prior advances made by the executors to Cornell. Cornell University is only entitled to the appreciated value of the estate which is attributable to the undistributed portion of the testator’s general bequest to Cornell. The order should be modified in accordance with this memorandum and, as so modified, affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, and the matter remitted to the Surrogate’s Court for further proceedings in accordance with the memorandum herein.

Chief Judge Fuld and Judges Van Voorhis, Scileppi, Bergan, Keating and Breitel concur; Judge Burke dissents and votes to affirm upon the opinion at the Surrogate’s Court.

Ordered accordingly.

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Bluebook (online)

230 N.E.2d 735, 20 N.Y.2d 791, 284 N.Y.S.2d 95, 1967 N.Y. LEXIS 1208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-white-ny-1967.

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