Legal Opinion
In re the Estate of Mirsky
New York Surrogate's Court
Decided January 28, 1975PublishedCited by 2 opinions
1Opinion of the Court
Millard L. Midonick, S.
The proponent of the will moves to strike objections in a probate proceeding and to strike the objectant’s demand for a jury trial.
Proponent moves to strike paragraphs 5 through 12 of the objections on the ground that the objection is barred by the Statute of Frauds (EPTL 13-2.1) and additionally because the objection, which refers to an agreement to make a will, is not a bar to probate of a subsequently executed will that conflicts with the agreement.
The court notes that paragraphs 5 through 12 of the objections are based on an alleged agreement to make a will. The…
2Cases cited7 opinions
- In Re the Probate of the Will of HigginsNew York Court of Appeals · 1934
- Freiberger v. O'TooleNew York Supreme Court · 1956
- In re the Probate of the Last Will & Testament of AllawayAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Probate of the Will of BeattyNew York Court of Appeals · 1956
- In re the Probate of the Will of BeattyAppellate Division of the Supreme Court of the State of New York · 1955
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of NelsonNew York Surrogate's Court · 1980
- Harthan v. Arabian American Oil Co.District Court, S.D. New York · 1981