In re the Estate of Brinkmann

New York Court of Appeals February 15, 1968

In re the Estate of Brinkmann, 21 N.Y.2d 804 (N.Y. 1968)

235 N.E.2d 773; 288 N.Y.S.2d 634; 1968 N.Y. LEXIS 1610

Opinion of the Court

*806Order reversed and the petition dismissed, with costs against petitioner-respondent, on the dissenting opinion at the Appellate Division. We disagree with the rule stated in Matter of Elwyn (285 App. Div. 91) with respect to application of paragraph (d) of subdivision 1 of section 140 of the Surrogate’s Court Act. Question certified answered in the negative.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

Reference

Full Case Name: In the Matter of the Estate of Henry Brinkmann, Augusta De La Meilleure, Respondent Joseph J. Jarrard
Cited By: 1 case
Status: Published