Legal Opinion

In re the Estate of King

New York Surrogate's Court

Decided March 14, 1973Published

1Opinion of the CourtIrving A. Green, J.

A petition for leave to abandon a probate proceeding in this court has the following history:

Objections to the probate of a written instrument, dated July 16,1971, and executed in due form as a last will, were filed by a distributee son of the decedent. Such objections are in the usual form and consist of allegations of restraint upon the testator, fraud and undue influence, as well as lack of testamentary capacity and mistake.

The propounded instrument is entirely handwritten upon yellow legal pad paper. In paragraph “ Second ”, such writing recites :

“ Second: All of my property, after…

2Cases cited2 opinions

  1. Matter of LasakNew York Court of Appeals · 1892
  2. In re the Probate of the Will of CourtenayNew York Surrogate's Court · 1949

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