Legal Opinion

In re the Estate of Cardwell

New York Surrogate's Court

Decided August 6, 1941PublishedCited by 2 opinions

1Opinion of the Court

Wingate, S.

This is one of the type of litigations which gave rise to the aphorism that “ hard cases make bad law.” The hope may be expressed that despite the obvious difficulty of the situation, the court may escape the frequently attendant evil result.

The propounded document is written in the handwriting of the testatrix on two letter sheets of paper which, at the time they were filed in this court, were in no way physically attached to each other. They were found in her safe deposit box in an envelope bearing a *1060subscription in her handwriting, “ November 20, 1933, last will and testament of…

2Cases cited6 opinions

  1. In re Proving the Last Will & Testament of EwenAppellate Division of the Supreme Court of the State of New York · 1923
  2. In Re the Probate of the Will of AllenNew York Court of Appeals · 1940
  3. In re Proving the Last Will & Testament of DybalskiAppellate Division of the Supreme Court of the State of New York · 1922
  4. In re Proving the Last Will & Testament of PriceAppellate Division of the Supreme Court of the State of New York · 1938
  5. In Re Proving the Will of DybalskiNew York Court of Appeals · 1922

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3Cited by2 opinions

  1. In re the Probate of the Will of ThompsonNew York Surrogate's Court · 1947
  2. In re the Estate of KnoepflerNew York Surrogate's Court · 1962

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