Legal Opinion

In re the Estate of Carner

New York Surrogate's Court

Decided April 12, 1965Published

1Opinion of the CourtEdward S. Silver, J.

Petitioner propounds for probates a typewritten instrument, dated January 1, 1950, which is subscribed by the decedent, three witnesses, and contains an attestation clause. The testimony of two of the three subscribing witnesses to the propounded instrument establishes its statutory execution and the competency of the decedent. However, there are pen and ink deletions and additions in article 1 ‘ fifth ’ ’ of the instrument whereby the names of the contingent executors are crossed out and the names of the decedent’s two sons are substituted in their place and stead. Alongside the changes…

2Cases cited8 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Lovell v. . QuitmanNew York Court of Appeals · 1882
  3. Burnham v. . ComfortNew York Court of Appeals · 1888
  4. In re the Probate of the Last Will & Testament of DavisAppellate Division of the Supreme Court of the State of New York · 1905
  5. In Re Proving the Will of McGillNew York Court of Appeals · 1920

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