Legal Opinion

In Re the Estate of Walker

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 2015No. 518557PublishedCited by 3 opinions

1Opinion of the Court

Peters, PJ.

Appeal from a decree of the Surrogate’s Court of Broome County (Guy, S.), entered September 13, 2013, which denied probate to an instrument purporting to be the last will and testament of decedent.

On January 19, 2012, Andrew Walker (hereinafter decedent), who had been experiencing respiratory difficulties caused by asbestosis, was discharged from a hospital in order to spend his last days at home. On January 25, 2012, decedent executed a will that altered the disposition of a parcel of property from that directed in his two prior wills by, among other things, devising half of the…

2Cases cited8 opinions

  1. Rollwagen v. . RollwagenNew York Court of Appeals · 1876
  2. In re the Estate of HalpernNew York Court of Appeals · 2011
  3. In re the Estate of MinerviniAppellate Division of the Supreme Court of the State of New York · 2002
  4. In re Estate of DoodyAppellate Division of the Supreme Court of the State of New York · 2010
  5. In re the Estate of PirozziAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by3 opinions

  1. Matter of DralleAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Estate of Mielty (Mielty)Appellate Division of the Supreme Court of the State of New York · 2026
  3. Matter of FraccaroAppellate Division of the Supreme Court of the State of New York · 2018

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