Legal Opinion

In re the Probate of a Paper Propounded as the Last Will & Testament of Parker

New York Surrogate's Court

Decided May 15, 1917PublishedCited by 8 opinions

Proceeding upon the probate of a will.

1Opinion of the Court

Fowler, S.

The testamentary script offered for probate in this matter is defective in that clause tenth has been cut out by some one unknown after execution. The rest of the testamentary paper is intact. Secondary or testimonial evidence was offered in the first instance by proponent and taken to supply the missing script. This evidence establishes the missing context of the propounded paper. I shall again refer to this evidence somewhat more in detail. The adult family of the testator consent to the probate of the propounded paper with the complemented text of the portion missing. The only…

2Cases cited19 opinions

  1. Lovell v. . QuitmanNew York Court of Appeals · 1882
  2. Nelson v. McGiffertNew York Court of Chancery · 1848
  3. In re the Probate of the Last Will and Testament of CurtisAppellate Division of the Supreme Court of the State of New York · 1909
  4. McPherson v. ClarkNew York Surrogate's Court · 1854
  5. In re the Application for Probate of a Paper Purporting to Be the Last Will & Testament of Van WoertAppellate Division of the Supreme Court of the State of New York · 1911

14 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In re the Estate of SimpsonNew York Surrogate's Court · 1935
  2. Williams v. Presbytery of PortlandOregon Supreme Court · 1943
  3. In re the Estate of SmithNew York Surrogate's Court · 1936
  4. Rauchfuss v. GiffordWisconsin Supreme Court · 1939
  5. In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949

3 more not listed; retrieve them via the Exa API.

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