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MATTER OF SAKOW

97 N.Y.2d 436 (2002)

767 N.E.2d 666

741 N.Y.S.2d 175

In the Matter of the Estate of MAX SAKOW, Deceased. WALTER SAKOW, as De Facto Executor of MAX SAKOW, Deceased, et al., Respondents; DIANA SAKOW et al., Appellants.

Court of Appeals of the State of New York.

Decided March 21, 2002.

Attorney(s) appearing for the Case

Diana Sakow and Evelyn Breslaw, appellants pro se.

Robson, Ferber, Frost, Chan & Essner, LLP, New York City (Kenneth N. Miller of counsel), and Wolman Babitt & King, LLP (James N. Blair of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

The narrow issue presented on this appeal arises in the context of a long-standing sibling dispute over the assets of their father's estate. When Max Sakow died on January 30, 1956, he either owned outright or had interests in a number of parcels of real estate. He was survived by his wife, Rose, now deceased, and three children—Walter Sakow, Diana Sakow and Evelyn Sakow Breslaw. At the time of their father's death...

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