Legal Opinion
In re Condon to Prove a Certain Lost Instrument as the Last Will & Testament of Condon
New York Surrogate's Court
Decided March 19, 1925PublishedCited by 5 opinions
1Opinion of the Court
Wingate, S.:
Section 143 of the Surrogate’s Court Act permits the probate of a lost or destroyed will “ only in case the will was in existence at the time of the testator’s death, or was fraudulently destroyed in his lifetime * *
Failure to find a will after careful and exhaustive search raises a presumption that the decedent destroyed it with the intention of revolting it. (Knapp v. Knapp, 10 N. Y. 276; Collyer v. Collyer, 110 id. 481; Matter of Kennedy, 167 id. 163; Matter of Cunnion, 201 id. 123; Matter of Sheldon, 158 App. Div. 843; Matter of Ascheim, 75 Misc. 434.) This presumption would…
2Cases cited6 opinions
- Schultz v. . SchultzNew York Court of Appeals · 1866
- Knapp v. . KnappNew York Court of Appeals · 1851
- In re Proving the Lost Will of AscheimNew York Surrogate's Court · 1912
- In re SheldonAppellate Division of the Supreme Court of the State of New York · 1913
- Voorhees v. . VoorheesNew York Court of Appeals · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sutro Bros. & Co. v. Indemnity Insurance Co. of North AmericaDistrict Court, S.D. New York · 1967
- In Re Estate of MammanaSupreme Court of Pennsylvania · 1989
- In re the Estate of MusacchioNew York Surrogate's Court · 1933
- Rosenblatt v. St. George Health & Racquetball Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Rosenblatt v. St. George Health & Racquetball Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014