Legal Opinion

In re Fish

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

Decided December 30, 1987PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

On May 14, 1980, decedent, aged 62, while a patient at Syracuse Veterans’ Administration Hospital under treatment for rheumatoid arthritis, executed an instrument purporting to be his last will and testament. The will was drawn at the hospital by an attorney who met decedent for the first time on the day of execution, and was witnessed by the wife of decedent’s brother Roy and by a physician who was a medical resident at the hospital but had not treated decedent. The will left 60% of decedent’s estate to his sister Lorena, 22% to his brother Roy and divided the…

2Cases cited7 opinions

  1. In Re the Estate of KumstarNew York Court of Appeals · 1985
  2. In re the Estate of SladeAppellate Division of the Supreme Court of the State of New York · 1984
  3. In re the Estate of BushAppellate Division of the Supreme Court of the State of New York · 1981
  4. In Re Proving the Will of DelmarNew York Court of Appeals · 1926
  5. In re the Estate of FlynnAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by9 opinions

  1. In re the Estate of WalkerAppellate Division of the Supreme Court of the State of New York · 2011
  2. In re the Estate of LeachAppellate Division of the Supreme Court of the State of New York · 2004
  3. In re ClapperAppellate Division of the Supreme Court of the State of New York · 2001
  4. In re Estate of WitherillAppellate Division of the Supreme Court of the State of New York · 2007
  5. In re the Estate of HinmanAppellate Division of the Supreme Court of the State of New York · 1997

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

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