In re the Probate of the Last Will & Testament of Wear
Appellate Division of the Supreme Court of the State of New York
Appeal by Frank M. Wear, the proponent, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 6th day of October, 1908, refusing to admit to probate an instrument in writing propounded as the last will and testament of John B. Wear, deceased.
1Opinion of the Court
Woodward, J.:
On the 18th day of June, 1900, John B. Wear executed a will. This will was drawn by his attorney, George Eckstein, who became one of the subscribing witnesses, Mrs. Levina M. Carew being the other *876witness. This is the will which has been rejected on the offer for probate. In September, 1904, the decedent met his attorney, Mr. Eckstein, and requested him to draw a second will. The latter took the will of June, 1900, containing a revocation clause, to his office, and with that will before him drew a new will, which disposed of all of decedent’s estate and contained a revocation…
2Cited by19 opinions
- In Re Estate of JohnstonCalifornia Supreme Court · 1922
- Hull v. CartinIdaho Supreme Court · 1940
- Hugo v. ClarkSupreme Court of Virginia · 1919
- In re Proving the Last Will & Testament of KiltzNew York Surrogate's Court · 1925
- In re FordNew York Surrogate's Court · 1930
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