Legal Opinion
In re the Estate of Swim
New York Surrogate's Court
Decided July 6, 1932PublishedCited by 4 opinions
1Opinion of the Court
Taylor, S.
“ One offering a paper as a will must show that the instrument is proper in form as to the location and genuineness of decedent’s signature, the number of witnesses and their signatures, the circumstances under which the paper was executed, decedent’s soundness of mind and whatever other factors the statutes require to constitute a valid will.” (Matter of Schillinger, 258 N. Y. 186, 188, 189.)
It is also familiar law that one is not entitled to a bill of particulars of those items of proof which are part of his affirmative case. (Matter of Mullin, 143 Misc. 256; Matter of Carraher,…
2Cases cited6 opinions
- Van Weel v. WinstonSupreme Court of the United States · 1885
- Wood v. . AmoryNew York Court of Appeals · 1887
- In re the Estate of MullinNew York Surrogate's Court · 1932
- Cohn v. . GoldmanNew York Court of Appeals · 1879
- In Re the Probate of the Will of SchillingerNew York Court of Appeals · 1932
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Estate of BrittonNew York Surrogate's Court · 1938
- In re the Probate of the Will of BreskyNew York Surrogate's Court · 1957
- In re TaylorAppellate Division of the Supreme Court of the State of New York · 1938
- In re TaylorAppellate Division of the Supreme Court of the State of New York · 1938