Hyperlawhypertext legal databasebeta In re the Probate of the Will of Steel 31 N.Y.2d 758

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In re the Probate of the Will of Steel

31 N.Y.2d 758 Court N.Y. Decision date 1972-11-02 English

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p. 758
In the Matter of the Probate of the Will of George Steel, Deceased. Chase Manhattan Bank (National Association), Respondent; Benjamin Metviner, as Guardian ad Litem of Gerard Steel, Appellant.
Argued October 4, 1972;
decided November 2, 1972,
p. 760
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 Fttld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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