In re the Probate of the Will of Boyle

New York Surrogate's Court

In re the Probate of the Will of Boyle

191 Misc. 291, 80 N.Y.S.2d 24, 1947 N.Y. Misc. LEXIS 3778

CourtNew York Surrogate's Court

DecidedDecember 23, 1947

StatusPublished

Cited by2 cases

This text of 191 Misc. 291 (In re the Probate of the Will of Boyle) 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 the Will of Boyle, 191 Misc. 291, 80 N.Y.S.2d 24, 1947 N.Y. Misc. LEXIS 3778 (N.Y. Super. Ct. 1947).

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Opinion

Savarese, S.

The paper writing offered for probate does not in terms nominate an executor. One sentence, however, reads: “ My sister Nora or her daughter Katherine or son Thomas are to take care of my funeral.” As the duty to arrange and pay for the funeral is one of those devolving upon an executor, such direction is deemed sufficient to constitute a valid nomination according to the tenor of the will. (See, Matter of Hazen, 175 Misc. 851.) The proof satisfies the court that the propounded instrument was duly executed as a will at a time when decedent was competent and free from restraint. Nora and Thomas having renounced, letters testamentary will issue to petitioner, Katherine, upon her qualifying according to law. Submit decree accordingly.

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Savarese, S.

The paper writing offered for probate does not in terms nominate an executor. One sentence, however, reads: “ My sister Nora or her daughter Katherine or son Thomas are to take care of my funeral.” As the duty to arrange and pay for the funeral is one of those devolving upon an executor, such direction is deemed sufficient to constitute a valid nomination according to the tenor of the will. (See, Matter of Hazen, 175 Misc. 851.) The proof satisfies the court that the propounded instrument was duly executed as a will at a time when decedent was competent and free from restraint. Nora and Thomas having renounced, letters testamentary will issue to petitioner, Katherine, upon her qualifying according to law. Submit decree accordingly.

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Bluebook (online)

191 Misc. 291, 80 N.Y.S.2d 24, 1947 N.Y. Misc. LEXIS 3778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-boyle-nysurct-1947.

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