Legal Opinion

In re the Estate of Semler

New York Surrogate's Court

Decided June 18, 1941PublishedCited by 4 opinions

1Opinion of the Court

Boylan, S.

Albert P. Semler died on January 6, 1941. Among his personal effects was found an instrument purporting to be a last will and testament dated February 9, 1939. Two of the executors therein named have filed a petition for its probate while the third executor named has filed objections to the probate, claiming that the will was revoked by the testator.

The only question before the court is the effect upon the will of the obliterations and writings which appear immediately below the attestation clause. Ink markings completely obliterate the signatures and addresses of the subscribing…

2Cases cited9 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. 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
  3. In Re Proving the Will of ParsonsNew York Court of Appeals · 1923
  4. In Re the Probate of the Will of TremainNew York Court of Appeals · 1940
  5. In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922

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3Cited by4 opinions

  1. In re the Estate of LewisNew York Surrogate's Court · 1974
  2. In re the Estate of MackNew York Surrogate's Court · 1963
  3. In re the Estate of PoppeNew York Surrogate's Court · 1969
  4. Kane v. MayhewSupreme Court of Missouri · 1949

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