Legal Opinion

In re the Probate of the Will of Lubitz

New York Surrogate's Court

Decided November 26, 1954Published

1Opinion of the Court

Rubenstein, S.

The propounded instrument is handwritten on an ordinary sheet of paper. It is folded once, so as to make four pages of equal size. The provisions begin on the first page and continue consecutively from the bottom of the first to the top of the fourth page. They end at the bottom of that page and are followed by the signature of the decedent, leaving no room for the attestation of the subscribing witnesses. The signatures of the latter are found in order on the third page.

The only question is whether the decedent and the witnesses subscribed the instrument at the end thereof as…

2Cases cited3 opinions

  1. In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
  2. In re Proving the Last Will & Testament of PeiserNew York Surrogate's Court · 1913
  3. In re the Estate of MurphyNew York Surrogate's Court · 1936

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API