MATTER OF MARLEY


3 A.D.2d 53 (1956)

In the Matter of The Estate of Emma D. Marley, Deceased. Daniel A. Marley, Appellant; First Trust Company of Albany, as Executor of Emma D. Marley, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 20, 1956.


Attorney(s) appearing for the Case

Edward M. Segal for appellant.

William A. Glavin for Father Flanagan's Boys' Home and others, respondents.

Eugene P. Devine for executor, respondent.

FOSTER, P. J., COON and GIBSON, JJ., concur.


BERGAN, J.

On April 16, 1952 the date his wife executed a will, the appellant husband executed a waiver of his right of election. The statute (Decedent Estate Law, § 18, subd. 9) provides that a husband or wife "may waive or release" the right of election to take "as against a particular last will, or as against any last will of the other spouse".

This language must necessarily be read as permitting...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases