In re the Estate of Strouse, 121 A.D.2d 549

In a proceeding to deny probate to the decedent’s purported last will, in which a compromise agreement was submitted for approval, the objectant Lawrence P. Strouse, Jr., appeals from a decree of the Surrogate’s Court, Queens County (Laurino, S.), dated February 7, 1985, which admitted the will to probate, approved the compromise agreement and directed administration of the estate in accordance therewith, and decreed that all the right and interest of said Lawrence P. Strouse, Jr., the convicted murderer of the decedent, be forfeited and nullified.

Decree affirmed, without costs or disbursements.

The appellant has failed to demonstrate that he was deprived of a full and fair opportunity to contest the murder charges against him. Hence, his murder conviction, which was upheld on appeal (see, People v Strouse, 96 AD2d 604), was properly accorded collateral estoppel effect on the issue of his right to share in the decedent’s estate. Lazer, J. P., Bracken, Brown, Lawrence and Kooper, JJ., concur.

Case Details

Case Name: In re the Estate of Strouse

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 16, 1986

Citations: 121 A.D.2d 549; 504 N.Y.S.2d 32; 1986 N.Y. App. Div. LEXIS 58527

Court Abbreviation: N.Y. App. Div.