Legal Opinion

In re the Probate of the Will of Kasprzynski

New York Surrogate's Court

Decided September 5, 1957Published

1Opinion of the Court

John D. Bennett, S.

A bizarre issue has been raised in these hearings to determine the status of three aliens resident in Poland, who propose to contest the probate of a propounded instrument. The executor insists that one of these contestants is dead. His attorney in fact argues with equal vehemence that he is alive, and urges the court to admit into evidence a “certification” of a Polish tribunal which asserts in part that the contestant, Antoni Kacprzynski, “ has declared himself to us in person, which constitutes certification that he is in fact alive.” In addition to the contestant just…

2Cases cited8 opinions

  1. Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
  2. The People v. . SnyderNew York Court of Appeals · 1869
  3. People v. RatzCalifornia Supreme Court · 1896
  4. Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1886
  5. In re the Estate of ZalewskiNew York Surrogate's Court · 1941

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