In re Cook

Decision and Order

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New York State Surrogate's Court for New York County (G l e n , S .) holds that the precautionary addendum, in effect until March 1, 1964, does not prevent the adopted child of a 1930s testamentary trust's life beneficiary from sharing in the trust remainder with the life beneficiary's biological child. Surrogate Glen chiefly rests her ruling on an analysis of two apparently conflicting New York State Court of Appeals cases from the 1960s: In re Ricks, 10 NY2d 231 (1961) and In re Park, 15 NY2d 413 (1965), finding that the latter controls. The court holds that unless the life beneficiary would have died without heirs but for the adoption, the adopted child is entitled to share in any gift to those in his or her class of issue, descendents or children.

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Reference Info:Decision | State, 2nd Circuit, New York | United States


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