Legal Opinion

In re the Estate of Robbes

New York Surrogate's Court

Decided December 20, 1960Published

1Opinion of the Court

S. Samuel Di Falco, S.

In the will of the testatrix, which was in all respects duly executed, she named a cousin and her attorney as executors. At some later date she crossed out the name of her attorney and inserted the name of a nephew as coexecutor. The attempted amendment was not attested in the manner required by statute. As of this point of time, all parties would concede that the substitution of the nephew for the attorney was not effective and that the will remained effective in its original terms. However, on two subsequent occasions, the testatrix executed a codicil. The first…

2Cases cited3 opinions

  1. In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
  2. In re Proving the Last Will & Testament & Codicil of LawlerAppellate Division of the Supreme Court of the State of New York · 1920
  3. In re the Probate of the Will of BrownNew York Surrogate's Court · 1957

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