Legal Opinion

In re the Estate of Rimerman

New York Surrogate's Court

Decided April 19, 1988Published

1Opinion of the Court

OPINION OF THE COURT

Lee L. Holzman, J.

In this uncontested probate proceeding, the primary issue is whether the "within one thirty day period” for the completion of the will ceremony prescribed by EPTL 3-2.1 (a) (4) commences on the date of the signature or the date of the first acknowledgment where the testator has signed the will prior to any acknowledgment of his signature. Although this appears to be a case of first impression, a literal reading of the statute coupled with its legislative history clearly indicates *507that the period does not commence until the first acknowledgment.

The…

2Cases cited3 opinions

  1. In re a Paper Propounded as the Last Will & Testament of RoeNew York Surrogate's Court · 1913
  2. In re the Probate of the Will of WillenborgNew York Surrogate's Court · 1958
  3. In re the Estate of KnoepflerNew York Surrogate's Court · 1962

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