Legal Opinion

In re the Estate of Musacchio

New York Surrogate's Court

Decided February 27, 1933PublishedCited by 3 opinions

1Opinion of the Court

Campbell, S.

The petitioner has produced two witnesses who have sworn to the contents of such alleged will. Objection to *627the probate was filed by one of the sons of decedent. There are two sons and a daughter who have not appeared. No proof was offered by the contestant on the hearing as he contends that the petitioner has failed to prove facts sufficient to entitle the alleged lost will to be probated.

The deceased was a patient at the O’Neil Sanitarium in Syracuse when she was visited on or about October 18,1932, by the petitioner, Mary Cesario, another daughter, one Sam Danesi, a merchant of…

2Cases cited5 opinions

  1. In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
  2. Schultz v. . SchultzNew York Court of Appeals · 1866
  3. In re SheldonAppellate Division of the Supreme Court of the State of New York · 1913
  4. McNally v. BrownNew York Surrogate's Court · 1882
  5. In re Condon to Prove a Certain Lost Instrument as the Last Will & Testament of CondonNew York Surrogate's Court · 1925

3Cited by3 opinions

  1. In re the Estate of BreckwoldtNew York Surrogate's Court · 1939
  2. In re the Probate of the Will of YanoverNew York Surrogate's Court · 1959
  3. In re the Estate of KleefeldNew York Court of Appeals · 1982

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