Legal Opinion
In re the Estate of Judge
New York Surrogate's Court
Decided September 4, 1931PublishedCited by 8 opinions
1Opinion of the Court
Wingate, S.
The law on the subject of the incorporation by reference of unattested instruments or memoranda into a validly executed will has been frequently and uniformly stated by many authoritative determinations of the courts of this State and is merely another application of the settled policy that the directions of section 21 of the Decedent Estate Law are mandatory, and are to be strictly construed.
It is thus the well-established law that to entitle any testamentary direction other than a nuncupative will to probate, it must be contained in a document executed by the testator, and…
2Cases cited21 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Holland v. . AlcockNew York Court of Appeals · 1888
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- In Re the Will of FowlesNew York Court of Appeals · 1918
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3Cited by8 opinions
- In re the Estate of StulmanNew York Surrogate's Court · 1933
- In re the Accounting of LammersNew York Surrogate's Court · 1943
- In re the Estate of StegeNew York Surrogate's Court · 1937
- In re the Estate of AngleNew York Surrogate's Court · 1933
- In re the Probate of the Will of BrownNew York Surrogate's Court · 1957
3 more not listed; retrieve them via the Exa API.