In re the Probate of the Last Will & Testament of Ackerman
Appellate Division of the Supreme Court of the State of New York
Appeal by Sadie Ackerman, the contestant, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 14th day of September, 1907, admitting to probaté an instrument purporting to be the last will and testament of Michael Ackerman, deceased.
1Opinion of the Court
Gaynor, J.:
The law of the case is that erasures, interlineations and additions made to a will after its execution do not change the will unless made with all the formalities necessary to a will, but the will has to be probated as though they had not been made (Quinn v. Quinn, 1 Thomp. & Cook, 437; Lovell v. Quitman, 88 N. Y. 377). It would probably have to be found on the oral evidence in this case that the erasure and addition in the 8th clause of the will were made after the execution by the testator, but upon inspection of the will it appears that they were made by the hand of the notary…
2Cases cited2 opinions
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- Quinn v. QuinnNew York Supreme Court · 1873
3Cited by15 opinions
- In re Kathan's WillNew York Surrogate's Court · 1913
- In re the Estate of EnrightNew York Surrogate's Court · 1931
- In re Proving the Last Will and Testament of WoodAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Estate of SmithNew York Surrogate's Court · 1936
- In re the Estate CharitouNew York Surrogate's Court · 1993
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