Legal Opinion

In re the Estate of Mack

New York Surrogate's Court

Decided August 6, 1963PublishedCited by 3 opinions

1Opinion of the Court

John H. Weibneb, -S.

On May 25, 1955, the decedent, Catherine F. Mack, signed her last will and testament prepared by her attorney who, together with his secretary, were the attesting witnesses. All interested parties concede, and the proof confirms this concession, that the will was duly executed and attested as required by law, and that the decedent was competent and free from restraint and undue influence.

The decedent retained the original will, and a conformed carbon copy was kept by her attorney. On June 13, 1961 she died. Her -safe-deposit box was opened but the original will was not…

2Cases cited16 opinions

  1. Throckmorton v. HoltSupreme Court of the United States · 1901
  2. In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
  3. In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
  4. Younger v. . DuffieNew York Court of Appeals · 1884
  5. In Re Proving the Will of ParsonsNew York Court of Appeals · 1923

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3Cited by3 opinions

  1. In re the Estate of HatzistefanouNew York Surrogate's Court · 1974
  2. In re the Estate of BochnerNew York Surrogate's Court · 1983
  3. Jeffrey Dean Wilbur v. Patricia FloydCourt of Appeals of Georgia · 2020

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