Legal Opinion

In re the Estate of Merklinger

New York Surrogate's Court

Decided July 16, 1992PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Peter N. Wells, S.

This petition for probate presents a case of first impression to this court. The testator died on May 12, 1992. His last will and testament is dated January 2, 1992. The testator did not sign his last will and testament himself, but rather directed his attorney, in the presence of two attesting witnesses to sign *903his name for him. Beneath this signature is typed the testator’s name, followed by the words "signed and executed at his direction by Ralph J. Vitiello, Esq.” The attorney did not sign his own name, nor did he affix his residence address to the…

2Cases cited2 opinions

  1. In re the Estate of HelgesenNew York Surrogate's Court · 1975
  2. In re the Estate of FussNew York Surrogate's Court · 1991

3Cited by2 opinions

  1. Workman v. Bolen, New York County Courts1971
  2. Matter of NiresAppellate Division of the Supreme Court of the State of New York · 2025

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