Legal Opinion

In re the Probate of the Will of Russell

New York Surrogate's Court

Decided October 17, 1957PublishedCited by 1 opinion

1Opinion of the Court

Johu D. Beknett, S.

This is a notice of motion on behalf of John F. Bussell, one of the legatees under the propounded instrument, for an examination before trial of the contestant herein as an adverse party, and also for an examination before trial of Ethel Storm, a resident of York, Pa., as a necessary witness on open commission (Civ. Prac. Act, §§ 288, 294).

The question presented by this probate is whether the will was revoked by the deceased prior to her death. The signature at the end of the instrument offered for probate has lines drawn through it.

The movant desires to examine the…

2Cases cited3 opinions

  1. Fitzgerald v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1941
  2. Cole v. Manufacturers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
  3. In re the Estate of KadarNew York Surrogate's Court · 1957

3Cited by1 opinion

  1. Corrao v. Howard Sober, Inc.New York Supreme Court · 1958

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