From Casetext: Smarter Legal Research

Matter of Miller

Surrogate's Court, Nassau County
Jun 12, 1959
17 Misc. 2d 508 (N.Y. Surr. Ct. 1959)

Opinion

June 12, 1959

John L. Molloy for petitioner.


This is an application by the County Treasurer as administrator in this estate for a decree depriving one Gladys Miller (or Muller), the mother of this deceased, from her rights of inheritance in this estate and from the benefits under the New York State Employees' Retirement System.

The petitioner is also administrator in the estate of the said Gladys Muller who is also deceased. The unknown distributees of said Gladys Muller have been served by publication and none has appeared or answered herein. A special guardian was appointed to protect their interests.

The petition alleges that the deceased was killed as the result of a head wound inflicted on his person by a .38 caliber revolver through the homicidal act of the said Gladys Muller, who thereafter committed suicide. This evidence is sufficient to establish a prima facie case that she committed a wrongful act from which neither she nor her representatives may profit ( Matter of Jacobs, 2 A.D.2d 774 [2d Dept., 1956]).

Nothing has been introduced by the administrator for the estate of Gladys Muller to controvert this prima facie case nor does the special guardian raise any objection to the relief demanded by the petitioner.

The prayer of the petition is granted.

Submit decree in accordance herewith.


Summaries of

Matter of Miller

Surrogate's Court, Nassau County
Jun 12, 1959
17 Misc. 2d 508 (N.Y. Surr. Ct. 1959)
Case details for

Matter of Miller

Case Details

Full title:In the Matter of the Estate of WILLIAM MILLER, Deceased

Court:Surrogate's Court, Nassau County

Date published: Jun 12, 1959

Citations

17 Misc. 2d 508 (N.Y. Surr. Ct. 1959)
186 N.Y.S.2d 847

Citing Cases

Matter of Dorsey

Thereupon, the collateral relatives assert that the distributees of Robert Allen Dorsey are barred by their…

In the Mtr. of Alexis

Thus, the issue before the court is whether the conviction of the decedent's spouse for murder in the second…