Legal Opinion

In re the Estate of Shapiro

Appellate Division of the Supreme Court of the State of New York

Decided August 13, 2009PublishedCited by 10 opinions

1Opinion of the CourtLahtinen, J.

Appeal from an order of the Surrogate’s Court of Sullivan County (Ledina, S.), entered February 18, 2009, which denied respondent’s motion for summary judgment dismissing the petition.

Decedent died in April 2008 and petitioner, her son, propounded for probate a 1994 will in which he was named as executor. Her only other child, respondent, a daughter who received nothing under the 1994 will, filed numerous objections to the will including, as relevant on this appeal, that the will was not duly executed. The will had been signed by decedent, contained a standard attestation clause setting forth…

2Cases cited5 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. In re the Estate of CollinsNew York Court of Appeals · 1983
  3. Matter of Will of John KellumNew York Court of Appeals · 1873
  4. In re the Estate of PaigoAppellate Division of the Supreme Court of the State of New York · 2008
  5. In re the Estate of HutchinsonAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by10 opinions

  1. In re the Estate of GreeneAppellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of LinichAppellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of MichelsAppellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of CostelloAppellate Division of the Supreme Court of the State of New York · 2016
  5. In re the Estate of ShapiroAppellate Division of the Supreme Court of the State of New York · 2012

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