Legal Opinion

In re Proving the Nuncupative Last Will & Testament of Stein

New York Surrogate's Court

Decided June 15, 1922PublishedCited by 6 opinions

1Opinion of the Court

Schulz, S.

The petitioner prays for the probate of a nuncupative will, alleged to consist of statements made to comrades and others and of letters written to the petitioner by the alleged testator, a soldier, while in actual military service. The petitioner was a friend of the decedent, his senior in age, with whom he had made his home, and between whom and the decedent there existed such a strong bond of affection and esteem that the conclusion might be warranted that the petitioner stood in loco parentis to him. The decedent died in action on May 28, 1918, in France.

The various statements…

2Cases cited2 opinions

  1. In re the Probate of the Nuncupative Will of O'ConnorNew York Surrogate's Court · 1909
  2. In re the Contested Probate of the Will of CrugerNew York Surrogate's Court · 1901

3Cited by6 opinions

  1. In Re the Probate of the Will of ZaiacNew York Court of Appeals · 1939
  2. In re Proving the Last Will & Testament of MalleryNew York Surrogate's Court · 1926
  3. In re the Estate of ZaiacNew York Surrogate's Court · 1937
  4. In re the Estate of SheridanEssex County Surrogate's Court · 1943
  5. In re TaylorAppellate Division of the Supreme Court of the State of New York · 1938

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