In Re Estate Of Cooper

187 A.2d 128, 592 N.Y.S. 797 (1993)

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Nature of the Case

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Facts

Testator and Chin (P) had been involved in a homosexual relationship for several years before Testator's death. Their relationship was alleged to be like a marriage in almost every respect. Testator's will named P as a specific and residuary legatee, with the exception of certain real estate, which was alleged to constitute over 80% of the value of the estate. P sued to take an elective share against Testator's estate. The lower court held that P did not have the right to an elective share, and rejected P's argument that the statutes prohibiting same-sex marriage were unconstitutional.