Legal Opinion
In re the Probate of the Will of Rosenberg
New York Surrogate's Court
Decided December 31, 1953PublishedCited by 2 opinions
1Opinion of the Court
Rubenstein, S.
Two instruments are offered for probate as the will of the decedent, one dated March 20, 1951, the other June 13,1951. The latter purports to be a codicil to the instrument bearing the earlier date.
The testimony establishes that both of the instruments were prepared and executed at the office of the decedent’s attorney who acted as one of the subscribing witnesses to each of them. Both were in the decedent’s possession and under his control at the time of his death; but when found the earlier dated instru- . ment was mutilated, the signature of the decedent written in the margin…
2Cases cited8 opinions
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
- Cook v. WhiteAppellate Division of the Supreme Court of the State of New York · 1899
- Cook v. . WhiteNew York Court of Appeals · 1901
- In re Proving the Last Will & Testament & Codicil of LawlerAppellate Division of the Supreme Court of the State of New York · 1920
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3Cited by2 opinions
- In re the Estate CharitouNew York Surrogate's Court · 1993
- In re the Estate of BonnerNew York Surrogate's Court · 1965