Legal Opinion
In re the Estate of Heaney
New York Surrogate's Court
Decided September 25, 1973PublishedCited by 7 opinions
1Opinion of the Court
Richard C. Delis, S.
The objectants in this contested probate move for summary judgment denying probate on the ground that the propounded instrument was improperly executed.
There is no basic dispute that part of the execution ceremony as it relates to two of the three attesting witnesses was performed over the telephone. The court has been unable to find any case involving in whole or in part a telephonic execution but the law would appear to be clear that this will was defectively executed.
The proponent who is the named executor and also the attorney draftsman, states that he took the…
2Cases cited10 opinions
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- Baskin v. . BaskinNew York Court of Appeals · 1867
- In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
- In re the Probate of the Will of PascalNew York Court of Appeals · 1955
- Woolley v. . WoolleyNew York Court of Appeals · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Matter of Estate of McGurrinIdaho Court of Appeals · 1987
- In Re the Estate of YenAppellate Division of the Supreme Court of the State of New York · 2015
- In re the Estate of DalyNew York Surrogate's Court · 1978
- In re the Estate of HeaneyAppellate Division of the Supreme Court of the State of New York · 1974
- McGurrin v. ScogginIdaho Court of Appeals · 1987
2 more not listed; retrieve them via the Exa API.