In re Scheck’s Estate
New York Surrogate’s Court
172 Misc. 236, 14 N.Y.S.2d 946 (1939)
- Written by Nathan Herkamp, JD
Facts
When Esther Scheck died in 1936, her will and the codicils were admitted to probate in the surrogate’s court in Kings County, New York. One of Scheck’s codicils directed that her body be transported to Palestine and buried there. The codicil also set aside $1,200 for the process. Scheck’s children had her body buried in New York at a cost of $189.33 before they were aware of her wishes expressed in the codicil. Upon filing an accounting to close the probate proceedings, the surrogate’s court discovered that Scheck’s body was not disposed of in the way the codicil directed. The surrogate’s court requested an explanation for the deviation from Scheck’s wishes, particularly because Scheck’s children stood to gain $1,000 by not taking her body to Palestine. Scheck’s children provided several affidavits indicating that Scheck had changed her mind after completing the codicil and that disinterment and reinternment in Palestine would be contrary to Hebrew law. The surrogate reviewed the affidavits and determined that a hearing would be necessary to determine whether there was sufficient evidence to rebut Scheck’s codicil.
Rule of Law
Issue
Holding and Reasoning (Wingate, J.)
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