Legal Opinion

In re the Estate of Flynn

New York Surrogate's Court

Decided September 20, 1940Published

1Opinion of the Court

Feely, S.

After the decision of the motion with regard to the missing one of the triplicate originals of the last will of this testatrix, the contestants’ withdrawal of some of their objections to probate leaves only two matters for trial which are or will be mainly issues of law on such facts as proponent may be able to show, as part of his own case, both to overcome the presumption of revocation arising from the non-production of the missing triplicate, and also to establish due republication of the will as now offered for probate, that is to say, without the production of the third original…

2Cases cited5 opinions

  1. Hovey v. ElliottSupreme Court of the United States · 1897
  2. In re the Estate of FlynnNew York Surrogate's Court · 1940
  3. In re the Estate of CusimanoNew York Surrogate's Court · 1940
  4. Landry v. LandryAppellate Division of the Supreme Court of the State of New York · 1926
  5. Turmelle v. JeffersonAppellate Terms of the Supreme Court of New York · 1938

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API