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In re the Probate of the Will of Steel

290 N.E.2d 437, 31 N.Y.2d 758, 338 N.Y.S.2d 436, 1972 N.Y. LEXIS 1015
CourtNew York Court of Appeals
DecidedNovember 2, 1972
StatusPublished
Cited by2 cases

This text of 290 N.E.2d 437 (In re the Probate of the Will of Steel) 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 Probate of the Will of Steel, 290 N.E.2d 437, 31 N.Y.2d 758, 338 N.Y.S.2d 436, 1972 N.Y. LEXIS 1015 (N.Y. 1972).

Opinion

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, in the following memorandum: The American will, dated May 4,1951, should be admitted to probate. In so concluding, we expressly do not reach the question of the applicability of the rule postulated in Matter of Clark (21 N Y 2d 478), to testator’s American will. It therefore remains open to the guardian ad litem, if necessary, to assert the incompetent son’s rights under the French forced heirship law in a subsequent accounting proceeding within the orderly administration of the estate wherein the possible application of the Clark rule to testator’s American will can be given full consideration.

Concur: Chief Judge Fttld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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Related

In re the Estate of Renard
108 Misc. 2d 31 (New York Surrogate's Court, 1981)
In re the Estate Renard
100 Misc. 2d 347 (New York Surrogate's Court, 1979)

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Bluebook (online)
290 N.E.2d 437, 31 N.Y.2d 758, 338 N.Y.S.2d 436, 1972 N.Y. LEXIS 1015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-steel-ny-1972.