Legal Opinion
In re the Estate of Herbert
New York Surrogate's Court
Decided January 31, 1977PublishedCited by 7 opinions
1Opinion of the Court
John D. Bennett, S.
This is a proceeding in which all of the interested persons in this estate seek probate of a lost will and an existing codicil to be probated together as the last will of the decedent.
The testator died on October 15, 1976 at the age of 87 years. Decedent’s original will was executed on October 11, 1963. On July 23, 1975 approximately one year and three months before his death, the decedent executed a first codicil to his will, making minor changes. At that time he brought the original will to his attorney and it was returned to the decedent after preparation of the codicil.
A…
2Cases cited5 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- In re the Probate of the Will of MittelstaedtAppellate Division of the Supreme Court of the State of New York · 1952
- In re the Probate of the Will of MittelstaedtAppellate Division of the Supreme Court of the State of New York · 1951
- In re the Probate of the Will of MittelstaedtNew York Court of Appeals · 1952
- In re the Estate of PardyNew York Surrogate's Court · 1936
3Cited by7 opinions
- In re Estate of KingSupreme Court of New Hampshire · 2003
- In Re Estate of KuszmaulDistrict Court of Appeal of Florida · 1986
- In Re Estate of KoziolAppellate Court of Illinois · 2006
- In re the Estate of DiSienaAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Estate of DiSienaAppellate Division of the Supreme Court of the State of New York · 2013
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