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In re the Probate of the Will of Zucker

31 Misc. 2d 176, 219 N.Y.S.2d 72, 1961 N.Y. Misc. LEXIS 2438
CourtNew York Surrogate's Court
DecidedAugust 30, 1961
StatusPublished
Cited by3 cases

This text of 31 Misc. 2d 176 (In re the Probate of the Will of Zucker) 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 Zucker, 31 Misc. 2d 176, 219 N.Y.S.2d 72, 1961 N.Y. Misc. LEXIS 2438 (N.Y. Super. Ct. 1961).

Opinion

John D. Bennett, S.

On the settlement of the decree in this

proceeding adjudicating the absentee’s death, the special guardians have requested that the last decretal provision of the proposed decree be amended to carry out this court’s decision that death occurred on September 29, 1960. The court is in accord with the special guardians.

In Connor v. New York Life Ins. Co. (179 App. Div. 596) the court held that the general rule that death is presumed to occur at the end of an unexplained absence of seven years, does not apply where the absentee, as here, met his death in a catastrophe or perilous occurrence. In such cases, death is presumed to have occurred on the date of the catastrophe.

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Related

Saint Calle v. Prudential Insurance Co. of America
815 F. Supp. 679 (S.D. New York, 1993)
Chiaramonte v. Chiaramonte
106 Misc. 2d 822 (New York Supreme Court, 1981)
In re the Estate of Rausch
75 Misc. 2d 483 (New York Surrogate's Court, 1973)

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Bluebook (online)
31 Misc. 2d 176, 219 N.Y.S.2d 72, 1961 N.Y. Misc. LEXIS 2438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-zucker-nysurct-1961.