Legal Opinion

In re the Probate of the Will of Martin

New York Surrogate's Court

Decided March 27, 1943PublishedCited by 1 opinion

1Opinion of the Court

Millard, S.

There has been offered for probate as the last will and testament of the above-named decedent a paper writing dated September 9, 1939. The propounded instrument was subscribed by the decedent, contains the usual form of attestation clause, and was signed by two witnesses. The body of such writing is typewritten and was proven to be a carbon copy. *114The proof established that at the time of the execution of the ribbon copy the testator destroyed it by tearing, it having been accidentally marred with ink during or just following such subscription by the decedent. It does not…

2Cases cited4 opinions

  1. Crossman v. . CrossmanNew York Court of Appeals · 1884
  2. Roche v. . NasonNew York Court of Appeals · 1906
  3. In re the Probate of the Paper Propounded as the Last Will & Testament of VogelsangAppellate Division of the Supreme Court of the State of New York · 1929
  4. In re the Paper Propounded as the Last Will & Testament of VogelsangNew York Surrogate's Court · 1928

3Cited by1 opinion

  1. In re the Probate of the Will of SandsNew York Surrogate's Court · 1949

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