In re the Probate of the Will of Mittelstaedt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtVan Voorhis, J.
This proceeding has been before the Appellate Division upon an appeal from a prior decree denying probate to the same will. The earlier decree was reversed, and a new trial granted (278 App. Div. 231). It comes here now on appeal from a decree denying probate after the second trial.
The controversy arises from the fact that the decedent’s will was executed in duplicate. The draftsman, an attorney, testified that he was accustomed to superintend the execution of wills in that manner, giving both counterparts to the testator. The ribbon copy of this will was not found, there being evidence that…
2Cases cited18 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- In re the Probate of a Paper Propounded, as the Last Will & Testament of SchofieldNew York Surrogate's Court · 1911
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3Cited by8 opinions
- Jones v. MasonSupreme Court of Louisiana · 1958
- Matter of Estate of ShawSupreme Court of Oklahoma · 1977
- In re the Estate of HerbertNew York Surrogate's Court · 1977
- In re: the Estate of KoesterAppellate Court of Illinois · 2012
- In re the Estate of EngelkenNew York Surrogate's Court · 1980
3 more not listed; retrieve them via the Exa API.