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New York Surrogate's Court, 1961

In re the Probate of the Will of Zucker

In re the Probate of the Will of Zucker
New York Surrogate's Court · Decided August 30, 1961 · Bennett
31 Misc. 2d 176; 219 N.Y.S.2d 72; 1961 N.Y. Misc. LEXIS 2438

Counsel

Hall & Casey (Max Grossberg of counsel), for petitioner. Kerman M. Leiman, as special guardian for Gale B. Zucker and another, infants. Theodore I. Watterson, as special guardian for Burton H. Zucker and another.

In re the Probate of the Will of Zucker

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.