Legal Opinion

In re the Probate of the Will of Lewis

New York Surrogate's Court

Decided February 18, 1948PublishedCited by 2 opinions

1Opinion of the Court

Griffiths, S.

The decedent died March 23, 1947, leaving as her sole distributees her husband and eleven children, two of whom are infants. Her assets consist of a parcel of real estate and a small amount of personal property. The nine adult children have executed a waiver and consent to the probate of the propounded instrument dated January 10, 1947. The special guardian appointed on behalf of the infant respondents has made a report recommending that probate of the instrument be denied.

The evidence shows that the decedent had been ill for some time prior to January 10, 1947, and on that date…

2Cases cited3 opinions

  1. Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
  2. Robins v. CoryellNew York Supreme Court · 1858
  3. In re the Probate of the Will of LawlerNew York Surrogate's Court · 1943

3Cited by2 opinions

  1. In re the Probate of the Will of SilvermanNew York Surrogate's Court · 1950
  2. In re the Estate of BernatowiczAppellate Division of the Supreme Court of the State of New York · 1996

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