Legal Opinion

In re the Probate of the Alleged Last Will & Testament of Palmer

New York Surrogate's Court

Decided December 15, 1923PublishedCited by 1 opinion

1Opinion of the Court

Senn, S.

This is a proceeding for the probate of the alleged last will and testament of William L. Palmer, deceased. It is dated March 2, 1908, and its due execution has been satisfactorily established and is not disputed, but probate is opposed on the ground that it was revoked by a subsequent will executed by the testator in February, 1913. The alleged revolting will has not been found and it is claimed by the contestants that it was presumably destroyed by the testator animo revocandi, and that he, therefore, died intestate.

The only proof of the making and execution of the alleged…

2Cases cited5 opinions

  1. Lomer v. . MeekerNew York Court of Appeals · 1862
  2. Lovell v. . QuitmanNew York Court of Appeals · 1882
  3. In re the Probate of the Last Will & Testament of WearAppellate Division of the Supreme Court of the State of New York · 1909
  4. In re Proving the Alleged Last Will & Testament of DakeAppellate Division of the Supreme Court of the State of New York · 1902
  5. In re the Probate of the Will of WilliamsNew York Surrogate's Court · 1901

3Cited by1 opinion

  1. In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949

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