Legal Opinion

In re a Paper Propounded as the Last Will & Testament of Roe

New York Surrogate's Court

Decided November 15, 1913PublishedCited by 6 opinions

Proceeding upon the probate of a will.

1Opinion of the Court

Fowler, S.

The proofs show, in substance, that Alida Roe, the alleged testatrix, evidently cmimo testandi drew the very informal paper propounded in this proceeding. I shall assume that it is, as alleged by proponent, in her handwriting, or a holograph. It is dated at the foot, 31st of December, 1911. It seems Mrs. Roe, the maker of the will, on the fifth of March following called on one of the attesting witnesses, Mr. Michels, an undertaker, at his place of business, No. 208 East Forty-seventh street, Manhattan, and then handed him the paper in question. It was. already signed by Mrs. Roe…

2Cases cited5 opinions

  1. Hoysradt v. . KingmanNew York Court of Appeals · 1860
  2. In re the Probate of the Last Will & Testament of LevengstonAppellate Division of the Supreme Court of the State of New York · 1913
  3. Seymour v. . Van WyckNew York Court of Appeals · 1851
  4. In re the Contested Will of DiefenthalerNew York Surrogate's Court · 1903
  5. Neugent v. NeugentNew York Surrogate's Court · 1876

3Cited by6 opinions

  1. In re the Estate of FalkAppellate Division of the Supreme Court of the State of New York · 2007
  2. In re Nussbaum's EstateNew York Surrogate's Court · 1913
  3. In re the Probate of the Last Will & Testament of FerrickNew York Surrogate's Court · 1919
  4. In re the Estate of KnoepflerNew York Surrogate's Court · 1962
  5. In re the Estate of CarpenterNew York Surrogate's Court · 1939

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