Legal Opinion
In re the Probate of the Will of Winters
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 1950Published
1Opinion of the CourtCallahan, J.
The question for decision on this appeal is whether the instrument offered for probate was validly executed as a will in accordance with the statutory formalities (Decedent Estate Law, § 21).
*25On April 16,1945, the propounded paper was originally drawn and signed by the decedent as a memorandum for the guidance of a lawyer in the preparation of a will. The memorandum as drawn contained as its final clause typewritten words naming two persons as executors. It was signed by the decedent above this provision. The formal will or testament, however, was never prepared as contemplated. On June…
2Cases cited18 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
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