In re the Estate of Schuellain
Cases that cite this one
3 later published cases cite this decision.
- In re the Estate of Blake (Appellate Division of the Supreme Court of New York 2001)
- MATTHEWS AND FIELDS LUMBER CO. v. New England Ins. Co. (District Court, W.D. New York 2000)
- In re the Estate of Bordell (Appellate Division of the Supreme Court of New York 2017)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Decree unanimously affirmed with costs. Memorandum: Petitioner and Ruth Schuellain (decedent) married in 1957. On December 19, 1985, petitioner executed a waiver of his right of election against decedent’s last will (see, EPTL 5-1.1-A). Following decedent’s death in June 1997, petitioner filed a notice that he was exercising his right of election, and he commenced the instant proceeding pursuant to SCPA 1421 seeking a determination that he is entitled to take his elective share of decedent’s estate.
Surrogate’s Court properly denied the petition and determined that the waiver of petitioner’s right of election is valid. Petitioner failed to present proof supporting his allegation that
Case-law data current through December 31, 2025. Source: CourtListener bulk data.