Legal Opinion

In re the Estate of Kuntz

New York Surrogate's Court

Decided June 25, 1931PublishedCited by 7 opinions

1Opinion of the Court

Wingate, S.

The question here presented for determination concerns the propriety of probate of a will admittedly originally validly executed, which when produced showed testator’s signature and those of the witnesses crossed out, and the following written below: “ I cancel this my last will and testament as I desire to die intestate. Dated Nov. 15 /29 Henry Kuntz. L. S.”

It was testified on the hearing that the signature at the end of this statement was in testator’s handwriting and it is apparent that the entire sentence was written by the same hand.

The pertinent enactment bearing upon the…

2Cases cited5 opinions

  1. In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
  2. In Re Proving the Will of ParsonsNew York Court of Appeals · 1923
  3. In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922
  4. In re the Probate of the Last Will & Testament of BarnesNew York Surrogate's Court · 1912
  5. In re Proving the Last Will & Testament of ParsonsAppellate Division of the Supreme Court of the State of New York · 1922

3Cited by7 opinions

  1. In re the Estate of KutznerNew York Surrogate's Court · 1940
  2. In re the Estate of SaxNew York Surrogate's Court · 1960
  3. In re the Estate of CollinsNew York Surrogate's Court · 1982
  4. In re the Estate of SemlerNew York Surrogate's Court · 1941
  5. In re the Estate of LewisNew York Surrogate's Court · 1974

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