Quimbee logo
DMCA.com Protection Status

In re Gilmore

87 A.D.3d 145 (2011)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

In re Gilmore

New York Supreme Court, Appellate Division

87 A.D.3d 145 (2011)

Facts

Roy Gilmore executed a will in 1996 leaving his entire estate to Angela Manning (defendant), one of his many children. Gilmore later learned that he had fathered two additional children, Andrea and Malverick Hofler (plaintiffs), with a woman who was not his wife. Both Hoflers were born before 1996. Shortly after Gilmore’s paternity of the Hoflers was confirmed, Gilmore died without changing his will. The Hoflers claimed that because Gilmore had not learned about their existence until after the will’s execution, they should (1) be treated as inadvertently omitted children and (2) receive a statutory portion of Gilmore’s estate under the rule providing for inadvertently omitted children born after a will’s execution. Because the Hoflers were born before Gilmore executed his will, the surrogate’s court rejected the Hoflers’ claim to Gilmore’s estate. The Hoflers appealed.

Rule of Law

Issue

Holding and Reasoning (Leventhal, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership