Legal Opinion

In re the Estate of Collins

New York Court of Appeals

Decided December 20, 1983PublishedCited by 53 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

A will may be admitted to probate notwithstanding the failed or imperfect memory of both attesting witnesses.

Bertha A. Collins died on June 4, 1981 leaving as her sole distributees respondents, Richard and Robert Hoffman, her nephews. The Hoffmans offered a 1951 will for probate, under which Mrs. Collins left her entire estate to her husband, who had predeceased her. Appellant, William Mayne, objected and offered a will dated January 17,1977, in which Mrs. Collins left $1,000 to each of her nephews, $100 to her sister-in-law, and the remainder to appellant, her…

2Cases cited13 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. Brown v. . ClarkNew York Court of Appeals · 1879
  3. Lewis v. . LewisNew York Court of Appeals · 1854
  4. Orser v. . OrserNew York Court of Appeals · 1861
  5. Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862

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3Cited by53 opinions

  1. In re the Estate of ScacciaAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Estate of LeachAppellate Division of the Supreme Court of the State of New York · 2004
  3. In re the Estate of CollinsAppellate Division of the Supreme Court of the State of New York · 1987
  4. In re Estate of MoskoffAppellate Division of the Supreme Court of the State of New York · 2007
  5. In re the Estate of RosenAppellate Division of the Supreme Court of the State of New York · 2002

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