Legal Opinion

Matter of Costello

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

Decided February 24, 2016No. 2014-03759PublishedCited by 1 opinion

1Opinion of the Court

In a contested probate proceeding, the petitioner appeals from an order of the Surrogate’s Court, Suffolk County (Czygier, Jr., S.), entered March 4, 2014, which granted the motion of the objectants Amanda Hurwitz and Gretchen Aquanita for summary judgment dismissing the probate petition.

Ordered that the order is affirmed, with costs.

In order for a will to be admitted to probate, “it must be established that all the writing formed a single instrument which the [testator] subscribed and . . . published as [his or her] will in the presence of the attesting witnesses” (Matter of Allen, 282 NY…

2Cases cited16 opinions

  1. In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
  2. In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
  3. In re the Estate of CollinsNew York Court of Appeals · 1983
  4. Woolley v. . WoolleyNew York Court of Appeals · 1884
  5. In re the Estate of HalpernNew York Court of Appeals · 2011

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3Cited by1 opinion

  1. Matter of FraccaroAppellate Division of the Supreme Court of the State of New York · 2018

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