Home/New York Court of Appeals/In re the Estate of MacDonald

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
New York Court of Appeals·Decided December 16, 1976·Published·Cited by 12 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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).

359 N.E.2d 665 (In re the Estate of MacDonald) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

MatterofShapiro
Appellate Division of the Supreme Court of New York, 2014
In re the Estate of Shapiro
121 A.D.3d 1454 (Appellate Division of the Supreme Court of New York, 2014)
SIEMUCHA, PAUL v. GARRISON, ROBERT D.
111 A.D.3d 1398 (Appellate Division of the Supreme Court of New York, 2013)
Kellogg v. Kellogg
300 A.D.2d 996 (Appellate Division of the Supreme Court of New York, 2002)
People v. N'Guyen
184 A.D.2d 274 (Appellate Division of the Supreme Court of New York, 1992)
Terrell v. State
429 So. 2d 778 (District Court of Appeal of Florida, 1983)
In re the Estate of Riefberg
446 N.E.2d 424 (New York Court of Appeals, 1983)
State v. Kanda
620 P.2d 1072 (Hawaii Supreme Court, 1980)
In re the Estate of Engelken
103 Misc. 2d 772 (New York Surrogate's Court, 1980)
Bachman v. Carro
67 A.D.2d 1030 (Appellate Division of the Supreme Court of New York, 1979)
State v. Robinette
270 N.W.2d 573 (South Dakota Supreme Court, 1978)