Legal Opinion · Dissent
In re the Estate of Shindell
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1977Published
1Dissent
Lupiano, J. (dissenting).
Proponent seeks to probate a one-sentence unwitnessed holographic will dated June 25, 1945 bequeathing to her the decedent’s entire estate. Objectants premised their opposition on a subsequent instrument purporting to be a more detailed unwitnessed holographic will dated August 19, 1973 executed by decedent in New York City which, inter alia, revoked the prior 1945 holographic will executed by decedent in California.1 Proponent moved to strike the objections or, in the alternative, for summary judgment. Surrogate Di Falco held the motion for summary judgment in…
2Cases cited6 opinions
- In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Rawstorne v. MaguireNew York Court of Appeals · 1934
- In re the Appraisal of the Estate of LydigAppellate Division of the Supreme Court of the State of New York · 1920
- Matter of BlankfordNew York Court of Appeals · 1925
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