In re the Estate of Lewis
Appellate Division of the Supreme Court of the State of New York
1DissentPeradotto, J.
I respectfully dissent. In my view, the record clearly establishes that decedent intended to, and did in fact, revoke her will dated July 15, 1996, both by execution of *215a subsequent testamentary instrument and by the presumption of physical destruction arising from the absence of the will among her personal possessions at the time of her death. I therefore conclude that the decrees should be reversed, probate of the will should be denied, the letters testamentary issued to petitioner should be revoked, and the amended letters of administration issued to decedent’s parents should be reinstated.
2Cases cited54 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Latham v. Father DivineNew York Court of Appeals · 1949
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
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