Legal Opinion

In re the Estate of Kilduff

New York Surrogate's Court

Decided May 20, 1935PublishedCited by 1 opinion

1Opinion of the Court

Wingate, S.

The sole issue in this contested probate proceeding is as to whether the statutory conditions to due execution met with complete compliance in connection with this holographic death-bed will. No question of fraud, undue influence or lack of testamentary capacity is involved.

Shortly before her death, which resulted from a heart attack, and while she was in bed, the decedent called for pen and paper *510and told her niece that she wished to make out her will. Upon the paper and pen being brought, she wrote in her own hand:

“ I, Nellie Kilduff, bequeath all I have to my two sisters,…

2Cases cited4 opinions

  1. Lewis v. . LewisNew York Court of Appeals · 1854
  2. Mitchell v. . MitchellNew York Court of Appeals · 1879
  3. In re the Probate of the Last Will & Testament of RedwayAppellate Division of the Supreme Court of the State of New York · 1933
  4. In Re the Probate of the Will of RedwayNew York Court of Appeals · 1934

3Cited by1 opinion

  1. In re the Probate of the Will of LevineAppellate Division of the Supreme Court of the State of New York · 1956

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