Legal Opinion
In re the Estate of Young
New York Surrogate's Court
Decided June 20, 1962PublishedCited by 4 opinions
1Opinion of the Court
S.
The objectant in the case at bar has moved by order to show cause for an order denying probate to the purported last will and testament of the decedent on the ground that it is improperly executed on its face in contravention of subdivision 4 of section 21, of the Decedent Estate Law. The due execution of his will by the testator and the witnesses “ at the end” thereof is a question which must ibe decided by the court as a matter of law (Matter of Hewitt, 91 N. Y. 261; Matter of Field, 204 N. Y. 448; Matter of Winters, 277 App. Div. 24, affd. 302 N. Y. 666; Decedent Estate Law, § 21, subd.…
2Cases cited9 opinions
- In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
- Younger v. . DuffieNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of HewittNew York Court of Appeals · 1883
- In re Proving the Last Will & Testament of GibsonAppellate Division of the Supreme Court of the State of New York · 1908
- In re GilmanNew York Supreme Court · 1862
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3Cited by4 opinions
- In re the Estate of KobrinskyNew York Surrogate's Court · 1966
- In re the Estate of ZaharisAppellate Division of the Supreme Court of the State of New York · 1982
- In re the Estate of MacMonniesNew York Surrogate's Court · 1968
- In re the Estate of ZaharisAppellate Division of the Supreme Court of the State of New York · 1982