In re the Estate of Munzer

New York Surrogate's Court

In re the Estate of Munzer

31 Misc. 2d 691, 221 N.Y.S.2d 543, 1961 N.Y. Misc. LEXIS 2030

DecidedNovember 22, 1961

StatusPublished

This text of 31 Misc. 2d 691 (In re the Estate of Munzer) is published on Counsel Stack Legal Research, covering New York Surrogate's Court 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 Munzer, 31 Misc. 2d 691, 221 N.Y.S.2d 543, 1961 N.Y. Misc. LEXIS 2030 (N.Y. Super. Ct. 1961).

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Opinion

John D. Bennett, S.

This is a proceeding in which the proponent requests the admission to probate of a purported will dated June 20, 1946, and a purported codicil dated July 29, 1958, and that an intervening will dated November 3, 1954, be denied probate.

The codicil presented refers specifically to the earlier will dated June 20,1946. Under the circumstances the codicil served to republish the earlier will, and to revoke the intervening will (Matter of Klein, 177 Misc. 555; Matter of Campbell, 170 N. Y. 84).

Objections to the probate of these documents have been withdrawn.

The alleged will dated November 3, 1954, is denied probate.

The propounded instruments, being the will dated June 20, 1946, and the codicil dated July 29, 1958, will be admitted to probate, it having been established that they were executed in the manner prescribed by section 21 of the Decedent Estate Law, and that at the time of their execution the decedent was of sound mind and free from restraint.

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