Legal Opinion

In re the Estate of Albarino

New York Surrogate's Court

Decided May 12, 1964PublishedCited by 3 opinions

1Opinion of the Court

John T. Clancy, S.

In this contested probate proceeding, the principal issue is the due execution of the will.

Decedent was survived by six children. By the instrument offered for probate, decedent left her entire estate to two of her children and disinherited the other four. Three of them have filed objections to probate.

The objections are (1) that the decedent lacked testamentary capacity, (2) that the will was not duly executed, (3) that the decedent did not know the contents of the paper offered for probate and (4) that said paper was procured by undue influence.

At the hearing the…

2Cases cited3 opinions

  1. In re Proving the Last Will & Testament of DybalskiAppellate Division of the Supreme Court of the State of New York · 1922
  2. In Re Proving the Will of DybalskiNew York Court of Appeals · 1922
  3. In re the Probate of the Will of MullenhoffAppellate Division of the Supreme Court of the State of New York · 1951

3Cited by3 opinions

  1. In re FicoAppellate Division of the Supreme Court of the State of New York · 1991
  2. In re the Estate of SimoneNew York Surrogate's Court · 1967
  3. In re the Probate of the Will of WatsonAppellate Division of the Supreme Court of the State of New York · 1971

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