Legal Opinion

In re the Estate of Hutton

New York Surrogate's Court

Decided September 5, 1962Published

1Opinion of the Court

John D. Bennett, S.

During the pendency of an examination under section 141 of the Surrogate’s Court Act, of Joseph W. Drake, a subscribing witness to and the attorney-draftsman of the propounded instrument, the decedent’s daughter moves to direct him to produce copies of any and all prior wills of decedent and any memoranda in connection therewith, which are in his possession or under his control.

During his examination, Mr. Drake produced four prior wills of the decedent, together with certain memoranda, but has refused to produce any other wills.

The propounded instrument is dated August 15,…

2Cases cited5 opinions

  1. In re the Estate of FrankNew York Surrogate's Court · 1937
  2. In re Proving the Last Will & Testament of BeemanAppellate Division of the Supreme Court of the State of New York · 1927
  3. In re the Probate of the Last Will & Testament of HawleyNew York Surrogate's Court · 1929
  4. In re the Probate of the Will of LevineNew York Surrogate's Court · 1958
  5. In re the Probate of the Will of AstorNew York Surrogate's Court · 1959

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