Legal Opinion

In Re the Estate of Sylvestri

New York Court of Appeals

Decided May 2, 1978PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

We hold that it was not error to affirm a Surrogate’s Court jury’s rejection of a will for lack of due execution based on testimony by a handwriting expert that the signature of the testatrix was not genuine in contradiction of the testimony of three disinterested, credible, attesting witnesses.

In the contest which followed the offer for probate of the alleged will of Palma Sylvestri the single issue submitted to the jury was whether the proponent, a daughter of the decedent and executrix and residuary legatee under the instrument, had established by a…

2Cases cited1 opinion

  1. Hoag v. . WrightNew York Court of Appeals · 1903

3Cited by17 opinions

  1. People v. RobinsonNew York Court of Appeals · 1986
  2. Felt v. OlsonNew York Court of Appeals · 1980
  3. Matter of Estate of FosterNew Mexico Court of Appeals · 1985
  4. In re JamesAppellate Division of the Supreme Court of the State of New York · 2005
  5. Shumard v. PhillipsSupreme Court of Arkansas · 1890

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