In re Buckten
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed on the law and facts without costs and amended petition granted. Memorandum: Following a trial in this proceeding for the probate of a will, the Surrogate concluded that proponent failed to demonstrate due execution of the will because there was no credible evidence that the decedent requested the witnesses to sign (see, EPTL 3-2.1 [a] [4]). Although the decedent did not express a request that either witness sign, such a request may be *982inferred from her conduct and from circumstances surrounding execution of the will (see, Coffin v Coffin, 23 NY 9; Matter of…
2Cases cited7 opinions
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Arnold v. StateNew York Court of Appeals · 1985
- In re the Estate of HedgesAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of BushAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by11 opinions
- In re the Estate of PilonAppellate Division of the Supreme Court of the State of New York · 2004
- In re MargolisAppellate Division of the Supreme Court of the State of New York · 1995
- In re the Estate of MorrisAppellate Division of the Supreme Court of the State of New York · 1994
- In re the Estate of McCloskeyAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Estate of HinmanAppellate Division of the Supreme Court of the State of New York · 1997
6 more not listed; retrieve them via the Exa API.