Legal Opinion

In re the Estate of Fodera

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

Decided July 18, 1983PublishedCited by 4 opinions

1Opinion of the Court

— In a probate proceeding, the appeals are from a decree of the Surrogate’s Court, Richmond County (Rubin, S.), dated August 2,1982, which admitted the decedent’s will dated February 5, 1979 to probate. Decree reversed, on the law and in the interest of justice, and matter remitted to the Surrogate’s Court, Richmond County, for a new trial, with costs to abide the event. Decedent Gamillo Fodera died on March 31,1979. In June of 1979, a will dated June 4, 1978 was offered for probate by appellant Leonard Fodera. Thereafter, petitioner Anthony Fodera presented a will dated February 5, 1979 for…

2Cases cited5 opinions

  1. In Re the Will of PutnamNew York Court of Appeals · 1931
  2. In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922
  3. In re Proving the Last Will & Testament of RossAppellate Division of the Supreme Court of the State of New York · 1917
  4. In Re the Probate of the Will of LimbergNew York Court of Appeals · 1938
  5. In re the Estate of KrasnerAppellate Division of the Supreme Court of the State of New York · 1956

3Cited by4 opinions

  1. Castagna v. John E. Flynn, M.D., P. C.Appellate Division of the Supreme Court of the State of New York · 1987
  2. Venditto v. DoodyAppellate Division of the Supreme Court of the State of New York · 1992
  3. In re the Estate of TierNew York Surrogate's Court · 2004
  4. Washington v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2019

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