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Matter of Steel

Court of Appeals of the State of New York
Nov 2, 1972
290 N.E.2d 437 (N.Y. 1972)

Opinion

Argued October 4, 1972

Decided November 2, 1972

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, S. SAMUEL DiFALCO, S.

Benjamin Metviner, appellant in person.

Daniel G. Tenney, Jr. for respondent.


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 FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Summaries of

Matter of Steel

Court of Appeals of the State of New York
Nov 2, 1972
290 N.E.2d 437 (N.Y. 1972)
Case details for

Matter of Steel

Case Details

Full title:In the Matter of the Probate of the Will of GEORGE STEEL, Deceased. CHASE…

Court:Court of Appeals of the State of New York

Date published: Nov 2, 1972

Citations

290 N.E.2d 437 (N.Y. 1972)
290 N.E.2d 437
338 N.Y.S.2d 436

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