In re the Probate of the Will of Booth

New York Surrogate's Court

In re the Probate of the Will of Booth

8 Misc. 2d 1030, 167 N.Y.S.2d 851, 1957 N.Y. Misc. LEXIS 2209

DecidedNovember 12, 1957

StatusPublished

This text of 8 Misc. 2d 1030 (In re the Probate of the Will of Booth) 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.

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In re the Probate of the Will of Booth, 8 Misc. 2d 1030, 167 N.Y.S.2d 851, 1957 N.Y. Misc. LEXIS 2209 (N.Y. Super. Ct. 1957).

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Opinion

John D. Bennett, S.

The propounded instrument will be admitted to probate, it having been established that it was executed in the manner prescribed by section 21 of the Decedent Estate Law, and that at the time of its execution the decedent was of sound mind and free from restraint.

Provision for after-born children is found in paragraph Sixth of the will in references to “ any lawful issue ”. This constitutes a sufficient compliance with the requirements of section 26 of the Decedent Estate Law.

Settle decree on five days’ notice.

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John D. Bennett, S.

The propounded instrument will be admitted to probate, it having been established that it was executed in the manner prescribed by section 21 of the Decedent Estate Law, and that at the time of its execution the decedent was of sound mind and free from restraint.

Provision for after-born children is found in paragraph Sixth of the will in references to “ any lawful issue ”. This constitutes a sufficient compliance with the requirements of section 26 of the Decedent Estate Law.

Settle decree on five days’ notice.

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Bluebook (online)

8 Misc. 2d 1030, 167 N.Y.S.2d 851, 1957 N.Y. Misc. LEXIS 2209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-booth-nysurct-1957.