In re the Probate of the Codicil to the Will of Seymour

Appellate Division of the Supreme Court of New York

In re the Probate of the Codicil to the Will of Seymour

274 A.D. 993, 85 N.Y.S.2d 314, 1948 N.Y. App. Div. LEXIS 4401

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 1948

StatusPublished

This text of 274 A.D. 993 (In re the Probate of the Codicil to the Will of Seymour) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Probate of the Codicil to the Will of Seymour, 274 A.D. 993, 85 N.Y.S.2d 314, 1948 N.Y. App. Div. LEXIS 4401 (N.Y. Ct. App. 1948).

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Opinion

The evidence supports the contention of appellant that the name of the beneficiary inserted in the direction to the executors of November 8, 1946, was inserted by the testator prior to the execution of the document by the testator and the witnessing of the execution by the subscribing witnesses. The testator intended, and the witnesses understood, that the direction was to have testamentary effect. We find as a fact that the name of the beneficiary was inserted before execution and that the document was witnessed, published and is valid as a testamentary instrument. The findings of the Surrogate to the contrary are reversed and the decree modified so as to admit the document to probate, with costs to the appellant payable out of the estate. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Van Voorhis and Shientag, JJ. [191 Misc. 954.]

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The evidence supports the contention of appellant that the name of the beneficiary inserted in the direction to the executors of November 8, 1946, was inserted by the testator prior to the execution of the document by the testator and the witnessing of the execution by the subscribing witnesses. The testator intended, and the witnesses understood, that the direction was to have testamentary effect. We find as a fact that the name of the beneficiary was inserted before execution and that the document was witnessed, published and is valid as a testamentary instrument. The findings of the Surrogate to the contrary are reversed and the decree modified so as to admit the document to probate, with costs to the appellant payable out of the estate. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Van Voorhis and Shientag, JJ. [191 Misc. 954.]

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274 A.D. 993, 85 N.Y.S.2d 314, 1948 N.Y. App. Div. LEXIS 4401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-codicil-to-the-will-of-seymour-nyappdiv-1948.

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