In Re Schneider's Estate

96 N.Y.S.2d 652 (1950)

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Nature of the Case

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Facts

The deceased, Chico Schneider, was a naturalized American citizen of Swiss origin. He died domiciled in New York County, leaving as an asset of his estate certain real property located in Switzerland. His will attempted to dispose of his property, including the Swiss realty, in a manner that was contrary to the provisions of Swiss internal law. Swiss law confers upon one's legitimate heirs, a legitime, i.e., a right to specified fractions of a decedent's property, which right cannot be divested by testamentary act. D was appointed before his will was entered into probate. D liquidated the Swiss property and moved the resulting fund to New York. Ps sued D for an accounting and to determine the validity of the devise.