Legal Opinion
In re the Estate of Wood
New York Surrogate's Court
Decided August 22, 1934PublishedCited by 6 opinions
1Opinion of the Court
Foley, S.
A paper has been offered for probate, dated July 9, 1889, which is alleged to be the last will and testament of the decedent. It is undisputed that the executrix named in the will and one of the two legatees, Mary Elizabeth Mayfield, a sister of the decedent, predeceased her. It is also undisputed that the' only other legatee, Emma Wood, described as the daughter of the decedent, died before the decedent. The will is ineffective and futile, therefore, either as a testamentary disposition, or as an instrument appointing an executor.
In such a situation, however, the will must be filed…
2Cases cited8 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- In re Proving the Last Will & Testament of HermannAppellate Division of the Supreme Court of the State of New York · 1917
- In Re Proving the Will of HermannNew York Court of Appeals · 1917
- In re the Estate of WebbNew York Surrogate's Court · 1923
- In re Proving the Last Will & Testament of MeyerNew York Surrogate's Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Probate of the Will of DaltonNew York Surrogate's Court · 1945
- In re the Estate of WoodNew York Surrogate's Court · 1937
- In re the Estate of McCarthyNew York Surrogate's Court · 1942
- Golde v. WilburnCalifornia Court of Appeal · 2013
- In re the Estate of WoodNew York Surrogate's Court · 1939
1 more not listed; retrieve them via the Exa API.