In re the Probate of the Last Will & Testament of Cable
New York Surrogate's Court
1Opinion of the Court
McNattght, S.
The facts in this proceeding are practically undisputed. Important and somewhat difficult questions of law, however, are presented by the issues joined. The decisive questions may be limited to three:
First. What was the effect on the testamentary disposition of testator’s property by the destruction of the codicil executed February 3, 1923?
Second. Was the original will and the codicils as they existed prior to the destruction of the codicil of February 3, 1923, revived by the declaration of the testator at the time of the destruction of such codicil if such destruction revoked…
2Cases cited23 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Brown v. . ClarkNew York Court of Appeals · 1879
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Crozier v. . BrayNew York Court of Appeals · 1890
- Cheever v. NorthMichigan Supreme Court · 1895
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3Cited by5 opinions
- In re the Estate of SimeoneNew York Surrogate's Court · 1931
- In re the Estate of OuterbridgeNew York Surrogate's Court · 1977
- In re the Estate of PlatzNew York Surrogate's Court · 1964
- In re the Will of Van IngenNew York Surrogate's Court · 1944
- In re the Probate of the Will of KernerNew York Surrogate's Court · 1958