Legal Opinion

In re the Probate of the Will of Swenson

New York Surrogate's Court

Decided May 4, 1956Published

1Opinion of the Court

John D. Bennett, S.

It having been established that the witness, John B. Otterstein, is now deceased and the witness, Arthur Mulvaney, is now a resident of Florida, the testimony of the said witnesses will be dispensed with pursuant to section 142 of the Surrogate’s Court Act. It was established that the propounded document was executed in the manner prescribed by section 21 of the Decedent Estate Law, and that at the time of its execution the decendent was of sound mind and free from restraint. The propounded document will therefore be admitted to probate.

The special guardian has raised the…

2Cases cited3 opinions

  1. In re the Estate of FaberNew York Court of Appeals · 1953
  2. In re the Construction of the Will of KirkNew York Surrogate's Court · 1948
  3. In re the Estate of SchwabacherNew York Surrogate's Court · 1952

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