Legal Opinion
In re Snide
New York Court of Appeals
Decided February 19, 1981PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
This case involves the admissibility of a will to probate. The facts are simply stated and are not in dispute. Harvey Snide, the decedent, and his wife, Rose Snide, intending to execute mutual wills at a common execution ceremony, each executed by mistake the will intended for the other. There are no other issues concerning the required formalities of execution (see EPTL 3-2.1), nor is there any question of the decedent Harvey Snide’s testamentary capacity, or his intention and belief that he was signing his last will and testament. Except for the obvious…
2Cases cited4 opinions
- In re the Probate of the Will of PascalNew York Court of Appeals · 1955
- In Re Proving the Will of MayNew York Court of Appeals · 1925
- In re the Estate of BaconNew York Surrogate's Court · 1937
- In re the Probate of the Will of GoettelNew York Surrogate's Court · 1944
3Cited by17 opinions
- Connecticut Junior Republic v. Sharon HospitalSupreme Court of Connecticut · 1982
- Smith v. Royal Automotive Group, Inc.District Court of Appeal of Florida · 1996
- Flannery v. McNamaraMassachusetts Supreme Judicial Court · 2000
- In re the Estate of MartinNew York Surrogate's Court · 1989
- Allen v. DalkSupreme Court of Florida · 2002
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