Legal Opinion
In re the Estate of Murphy
New York Surrogate's Court
Decided July 7, 1972PublishedCited by 3 opinions
1Opinion of the Court
Nathan B. Sobel, S.
The petition presents an issue under the doctrine of “ incorporation by reference ” as applied to wills. (See 1935 Report of N. Y. Law Rev. Comm. p. 431 et seq.; Second Report of Commission on Estates; N. Y. Legis. Doc., 1963, No. 6.1B, pp. 286-350.)
*517The petitioner Mrs. Gunning, a sister of the testator, presents an unwitnessed holographic instrument executed January 9, 1968 (“ January instrument ”) and also a duly executed instrument (which has been proved as a will) dated February 20, 1968 (“ February will ”).
The January holographic instrument necessarily must be denied…
2Cases cited22 opinions
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Robert v. . CorningNew York Court of Appeals · 1882
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- In Re the Will of FowlesNew York Court of Appeals · 1918
- In Re the Accounting of LockeNew York Court of Appeals · 1932
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3Cited by3 opinions
- In re the Estate of PhilipAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Estate of O'BrienAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of LippnerNew York Surrogate's Court · 1980