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Estate of Renard
New York Surrogate’s Court
108 Misc.2d 31, 437 N.Y.S.2d 860 (1981)
Jane Renard was born a citizen of France. For 30 years, Jane lived and worked in New York, and during that time she became a United States citizen. Jane then moved back to France but left most of her assets in New York. After returning to France, Jane signed a will, which provided it was to be governed by New York law. Jane died a resident of France, leaving an apartment and personal property in France and financial assets worth approximately $320,000 in New York. Jane was survived by an adult son, Philip Renard (respondent), a dual citizen of France and the United States who resided in California at the time of her death. Jane’s will left the apartment and contents located in France to Philip. The will also left Philip $6,000, left $15,000 to other beneficiaries, and divided the remainder of Jane’s estate between a French charity and a French friend. The will was admitted to probate in New York. In the probate proceeding, the executors applied for approval of their distribution of the assets of the estate in accordance with the will. Philip objected, contending that he was entitled to a one-half forced share of the estate under French law.
Rule of Law
Holding and Reasoning (Midonick, J.)
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