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In re the Estate of MacDonald

359 N.E.2d 665, 40 N.Y.2d 995, 391 N.Y.S.2d 70, 1976 N.Y. LEXIS 3188
CourtNew York Court of Appeals
DecidedDecember 16, 1976
StatusPublished
Cited by12 cases

This text of 359 N.E.2d 665 (In re the Estate of MacDonald) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Estate of MacDonald, 359 N.E.2d 665, 40 N.Y.2d 995, 391 N.Y.S.2d 70, 1976 N.Y. LEXIS 3188 (N.Y. 1976).

Opinion

Memorandum. Although the hearsay testimony of the attorney-draftsman would, under usual circumstances, be inadmissible (see Matter of Kennedy, 167 NY 163; Matter of Staiger, 243 NY 468, 472) the same might be received in the absence of objection (Matter of Findlay, 253 NY 1, 11). The Surrogate considered this testimony in his finding that the proof offered was insufficient to rebut the presumption of intentional revocation. Since this finding of fact was affirmed by the Appellate Division, it is beyond the scope of our review.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, without costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
359 N.E.2d 665, 40 N.Y.2d 995, 391 N.Y.S.2d 70, 1976 N.Y. LEXIS 3188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-macdonald-ny-1976.