In re the Probate of a Codicil to the Will of Lundequist

New York Surrogate's Court

In re the Probate of a Codicil to the Will of Lundequist

183 Misc. 803, 52 N.Y.S.2d 234, 1944 N.Y. Misc. LEXIS 2692

DecidedNovember 29, 1944

StatusPublished

This text of 183 Misc. 803 (In re the Probate of a Codicil to the Will of Lundequist) 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 Probate of a Codicil to the Will of Lundequist, 183 Misc. 803, 52 N.Y.S.2d 234, 1944 N.Y. Misc. LEXIS 2692 (N.Y. Super. Ct. 1944).

Pincite

Opinion

McGarey, S.

The proponent herein seeks to probate an instrument, which, the testimony establishes, decedent duly executed as A codicil to her will. The instrument ratifies and confirms the provisions of the will, and merely nominates her niece as executrix in place and stead of the executor designated in the earlier instrument. The will has not been produced and cannot be found although diligent search has been made therefor. The propounded instrument will be admitted to probate and letters testamentary issued to the nominated executrix, upon her qualifying, without prejudice to a proceeding to probate the earlier instrument, if it is found, or to establish it as a lost will'under the provisions of section 143 of the Surrogate’s Court Act. In the event no such proceeding is instituted the executrix is directed to cite on her accounting all the legatees named in the earlier instrument, a conformed copy of which is in the possession of the attorney who prepared it.

Proceed accordingly.

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McGarey, S.

The proponent herein seeks to probate an instrument, which, the testimony establishes, decedent duly executed as A codicil to her will. The instrument ratifies and confirms the provisions of the will, and merely nominates her niece as executrix in place and stead of the executor designated in the earlier instrument. The will has not been produced and cannot be found although diligent search has been made therefor. The propounded instrument will be admitted to probate and letters testamentary issued to the nominated executrix, upon her qualifying, without prejudice to a proceeding to probate the earlier instrument, if it is found, or to establish it as a lost will'under the provisions of section 143 of the Surrogate’s Court Act. In the event no such proceeding is instituted the executrix is directed to cite on her accounting all the legatees named in the earlier instrument, a conformed copy of which is in the possession of the attorney who prepared it.

Proceed accordingly.

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Bluebook (online)

183 Misc. 803, 52 N.Y.S.2d 234, 1944 N.Y. Misc. LEXIS 2692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-a-codicil-to-the-will-of-lundequist-nysurct-1944.