Legal Opinion

In re Proving the Last Will & Testament of Easton

New York Surrogate's Court

Decided January 15, 1914PublishedCited by 6 opinions

Proceedings upon the probate of a holographic will.

1Opinion of the Court

Fowler, S.

This is a proceeding to probate a holographic testament. The will on its face contains several alterations or interlineations dr emendations not noted before execution. The question now here is, Are these changes in the cursory script entitled to *2probate? There is no extrinsic evidence showing when these chang-es or interlineations were made, and we are confronted by the suggestion that there is therefore a presumption of law applicable, viz., that changes or alterations in the text of a will if unexplained are presumed to be made after execution.

It is often stated at large that…

2Cases cited6 opinions

  1. Crossman v. . CrossmanNew York Court of Appeals · 1884
  2. In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
  3. In re Proving the Alleged Last Will & Testament of DakeAppellate Division of the Supreme Court of the State of New York · 1902
  4. In re Proving the Last Will and Testament of WoodAppellate Division of the Supreme Court of the State of New York · 1911
  5. Wetmore v. CarrylNew York Surrogate's Court · 1882

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3Cited by6 opinions

  1. In re the Probate of a Paper Propounded as the Last Will & Testament of ParkerNew York Surrogate's Court · 1917
  2. In re Proving the Last Will & Testament of RossAppellate Division of the Supreme Court of the State of New York · 1917
  3. In re the Probate of the Will of ThomsonNew York Surrogate's Court · 1943
  4. In re Proving the Last Will & Testament of RossNew York Surrogate's Court · 1916
  5. In re the Accounting of BridgmanNew York Surrogate's Court · 1960

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