In re the Probate of the Will of Staub

New York Surrogate's Court

In re the Probate of the Will of Staub

17 Misc. 2d 215, 184 N.Y.S.2d 136, 1959 N.Y. Misc. LEXIS 4335

CourtNew York Surrogate's Court

DecidedFebruary 10, 1959

StatusPublished

Cited by1 cases

This text of 17 Misc. 2d 215 (In re the Probate of the Will of Staub) 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 Probate of the Will of Staub, 17 Misc. 2d 215, 184 N.Y.S.2d 136, 1959 N.Y. Misc. LEXIS 4335 (N.Y. Super. Ct. 1959).

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Opinion

Anthony P. Savarese, S.

The testator died on December 2, 1958, leaving a will which was executed on March 27, 1943. Under the will, the entire estate is given to his surviving spouse. A child was born to the testator’s wife on November 22, 1945, subsequent to the execution of the will. Thereafter, the testator provided for the after-born child as follows: by purchasing United States Savings Bonds naming the infant and himself as co-owners; by opening a joint savings account in the name of the infant and himself; by taking out a life insurance policy designating the infant as beneficiary; and by providing an annuity for the infant under a pension plan. Under all these circumstances the court determines that the after-born child of the testator was provided for by a “ settlement” within the meaning of section 26 of the Decedent Estate Law, and that he is not entitled to share in the testamentary estate of the decedent. (See Matter of Faber, 305 N. Y. 200; Matter of Anderson, 205 Misc. 151.)

Submit decree on notice.

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Anthony P. Savarese, S.

The testator died on December 2, 1958, leaving a will which was executed on March 27, 1943. Under the will, the entire estate is given to his surviving spouse. A child was born to the testator’s wife on November 22, 1945, subsequent to the execution of the will. Thereafter, the testator provided for the after-born child as follows: by purchasing United States Savings Bonds naming the infant and himself as co-owners; by opening a joint savings account in the name of the infant and himself; by taking out a life insurance policy designating the infant as beneficiary; and by providing an annuity for the infant under a pension plan. Under all these circumstances the court determines that the after-born child of the testator was provided for by a “ settlement” within the meaning of section 26 of the Decedent Estate Law, and that he is not entitled to share in the testamentary estate of the decedent. (See Matter of Faber, 305 N. Y. 200; Matter of Anderson, 205 Misc. 151.)

Submit decree on notice.

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Bluebook (online)

17 Misc. 2d 215, 184 N.Y.S.2d 136, 1959 N.Y. Misc. LEXIS 4335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-staub-nysurct-1959.

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