Legal Opinion

In re the Estate of Burack

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

Decided February 14, 1994PublishedCited by 6 opinions

1Opinion of the Court

In a contested probate proceeding, the objectants appeal from a decree of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated April 5, 1991, which, after a jury trial, admitted the decedent’s will to probate.

Ordered that the decree is affirmed, with costs payable by the appellants personally.

Contrary to the appellants’ contention, the trial court did not improvidently exercise its discretion by admitting into evidence a videotape of the will execution (see, Boyarsky v Zimmerman Corp., 240 App Div 361, 364). The videotape was not offered in an attempt to probate the document as a…

2Cases cited18 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. McGeeNew York Court of Appeals · 1979
  3. Caprara v. Chrysler Corp.New York Court of Appeals · 1981
  4. Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
  5. In Re the Estate of KumstarNew York Court of Appeals · 1985

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3Cited by6 opinions

  1. People v. PattersonNew York Court of Appeals · 1999
  2. In re Estate of ClingerNebraska Supreme Court · 2015
  3. Burke, Albright, Harter & Rzepka, LLP v. SillsAppellate Division of the Supreme Court of the State of New York · 2011
  4. In re the Estate of HinmanAppellate Division of the Supreme Court of the State of New York · 1997
  5. In re the Estate of KhazanehNew York Surrogate's Court · 2006

1 more not listed; retrieve them via the Exa API.

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