Legal Opinion
In re the Estate of Shindell
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1977PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Lane, J.
Dario Shindell came to New York City in 1967 when he was age 63. He died in the State of New York on July 9, 1974. Two unwitnessed holographic wills were drawn by the deceased; one was drawn in 1945, while the deceased lived in the State of California; the second was drawn in 1973 while the deceased lived in the State of New York. The validity of either will is dependent upon whether Shindell was a domiciliary of New York or California.
The law of the State of New York does not recognize holographic wills as valid (EPTL 3-2.2, subd [b]).* California law, however,…
2Cases cited4 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- In Re the Estate of TrowbridgeNew York Court of Appeals · 1935
3Cited by3 opinions
- Drew v. HooperAppellate Division of the Supreme Court of the State of New York · 1990
- In re the Estate of ShindellNew York Court of Appeals · 1981
- Opn. No., New York Attorney General Reports2008