In re Proving the Last Will & Testament of Parsons

Decree of the Surrogate’s Court of Westchester county, denying probate, affirmed upon the opinion of the surrogate [See 119 Misc. Rep. 26], with costs to the contestants payable out of the estate. Rich, Kelly, Manning and Young, JJ., concur; Blaekmar, P. J., dissents with the following memorandum: To revoke a will by other than a testamentary act with the formalities prescribed by law, two things must coincide, first, a physical act, either burning, tearing, canceling, obliterating or destroying; second, the intent to revoke. Whether the physical act is within the statute, i. e., in this ease…