Legal Opinion

In re the Probate of the Will of Walsh

New York Surrogate's Court

Decided March 29, 1957PublishedCited by 3 opinions

1Opinion of the Court

Edgar F. Hazleton, S.

In this contested probate proceeding, the issue of whether the propounded paper was revoked by a later will was preliminarily tried by the Surrogate without a jury. The decedent died November 17, 1955, leaving a widow. By the terms of the will dated November 10, 1944, which has been offered for probate herein, the widow is the sole beneficiary. In their objections to this propounded paper, the contestants allege that decedent, on May 6, 1952, executed a later will in which the widow was not named as the principal beneficiary. However, since this later will, after search,…

2Cases cited5 opinions

  1. In Re the Probate of the Will of StaigerNew York Court of Appeals · 1926
  2. In Re the Probate of the Alleged Last Will & Testament of StickneyNew York Court of Appeals · 1899
  3. In re the Probate of the Last Will & Testament of WearAppellate Division of the Supreme Court of the State of New York · 1909
  4. In re the Estate of McCaffreyNew York Surrogate's Court · 1940
  5. In re the Estate of HeneseyNew York Surrogate's Court · 1956

3Cited by3 opinions

  1. In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
  2. In re the Estate of LewisAppellate Division of the Supreme Court of the State of New York · 2014
  3. In re the Estate of SharpNew York Surrogate's Court · 2008

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