Legal Opinion
In re the Estate of Gormely
New York Surrogate's Court
Decided October 29, 2003Published
1Opinion of the Court
OPINION OF THE COURT
Michael H. Feinberg, S.
*234This is a proceeding seeking to probate decedent’s last will and testament dated August 24, 1991.
Allen Joseph Gormely, Jr., an incarcerated individual, who was represented by private counsel at the time, filed objections to the will.
A person under a disability pursuant to SCPA 103 (40) is defined as a person who is “an infant ... an incompetent . . . an incapacitated person . . . unknown or whose whereabouts are unknown or . . . confined as a prisoner who fails to appear under circumstances which the court finds are due to confinement in a penal…
2Cases cited4 opinions
- In re AhoNew York Court of Appeals · 1976
- New York Life Insurance v. V.K.Civil Court of the City of New York · 1999
- In re the Estate of FordAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Estate of Bernice B.New York Surrogate's Court · 1998