Legal Opinion · Dissent

In re the Probate of the Last Will & Testament of Frankel

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1940Published

1DissentCrosby, P. J.

I concur in a reversal of the decree denying probate, but I think that this court should direct that the will be admitted to probate. (Surr. Ct. Act, § 309.)

Louis Frankel died on the 15th day of May, 1937, leaving a will dated October 19, 1927. He left a widow, Estella Frankel, who was a second wife, and three children, Rose Joffe, Freda Bruml and Said Frankel. By his will he appointed his son, Saul Frankel, and his brother, Charles Frankel, executors, and, out of a large estate, the exact amount of which does not appear, he bequeathed only $10,000 to his wife, and she has, thus far,…

2Cases cited5 opinions

  1. In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
  2. Smith v. . KellerNew York Court of Appeals · 1912
  3. In Re the Probate of the Will of BurnhamNew York Court of Appeals · 1923
  4. In re the Probate of the Alleged Last Will & Testament of HendersonAppellate Division of the Supreme Court of the State of New York · 1937
  5. In re the Probate of the Last Will & Testament of StrebAppellate Division of the Supreme Court of the State of New York · 1936

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