Legal Opinion
In re the Estate of Goldey
New York Surrogate's Court
Decided July 24, 1989Published
1Opinion of the Court
OPINION OF THE COURT
Marie M. Lambert, S.
In this contested probate proceeding, to be tried before a jury, the objectant has filed an application for pretrial discovery which appears to be one of first impression in this State. The objectant seeks to have the decedent’s original will unstapled and tested for evidence of tampering based on the fact *775that multiple staple holes exist in the cover of the original will. As the will presently appears, there are two staples, creating four holes. In addition, there are four holes, indicating that at least two staples have at some time been removed. The…
2Cases cited4 opinions
- Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
- Petruk v. South Ferry Realty Co.Appellate Division of the Supreme Court of the State of New York · 1956
- Del Ra v. VaughanAppellate Division of the Supreme Court of the State of New York · 1956
- Foster-Lipkins Corp. v. Suburban Propane Gas Corp.New York Supreme Court · 1973