Legal Opinion
In re the Estate of Andriola
New York Surrogate's Court
Decided October 14, 1936PublishedCited by 8 opinions
1Opinion of the Court
Wingate, S.
At the time the original motions, respectively for a bill of particulars and an examination before trial of the proponent, were made, the court was not advised of the somewhat unusual conditions relating to the propounded instrument. It now appears that the will was executed in duplicate. Only one of the counterparts has been produced.
The basic issue on the present motion for reargument concerns the location of the burden of proof respecting revocation or non-revocation of the two part instrument. If the burden is on the proponent to account for the non-production of the…
2Cases cited9 opinions
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- Roche v. . NasonNew York Court of Appeals · 1906
- In re the Estate of HerleNew York Surrogate's Court · 1935
- In re the Probate of a Paper Propounded, as the Last Will & Testament of SchofieldNew York Surrogate's Court · 1911
- Bjork v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of RinderNew York Surrogate's Court · 1949
- In re the Estate of RosenakNew York Surrogate's Court · 2000
- In re the Probate of the Will of BettsNew York Surrogate's Court · 1951
- In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
- In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
3 more not listed; retrieve them via the Exa API.