Legal Opinion
In re the Estate of Bochner
New York Surrogate's Court
Decided June 17, 1983PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Bertram R. Gelfand, J.
In this probate proceeding, the propounded instrument upon its face raises a question as to its conformity with the requirements of EPTL 3-2.1 (subd [a], par [1]) requiring that a will be signed by the testator “at the end thereof”. On the instant instrument, testatrix’ signature appears below that of the subscribing witnesses. The problem is compounded by the manner in which the testatrix misused a printed will form.
Examination of the printed form reflects that after utilizing the areas reserved for dispositive provisions and the designation of a…
2Cases cited5 opinions
- Younger v. . DuffieNew York Court of Appeals · 1884
- In re the Probate of the Will of MackAppellate Division of the Supreme Court of the State of New York · 1964
- In re Proving the Last Will & Testament of HaberNew York Surrogate's Court · 1922
- In re the Estate of DupinNew York Surrogate's Court · 1962
- In re the Estate of MackNew York Surrogate's Court · 1963
3Cited by2 opinions
- In Re the Probate of the Alleged Will of RanneySupreme Court of New Jersey · 1991
- In re the Estate of GerhardtNew Jersey Superior Court Appellate Division · 2000