In re the Probate of the Will of Dime

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Dime

282 A.D. 1048, 126 N.Y.S.2d 907, 1953 N.Y. App. Div. LEXIS 5786

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

DecidedDecember 7, 1953

StatusPublished

This text of 282 A.D. 1048 (In re the Probate of the Will of Dime) 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.

Bluebook

In re the Probate of the Will of Dime, 282 A.D. 1048, 126 N.Y.S.2d 907, 1953 N.Y. App. Div. LEXIS 5786 (N.Y. Ct. App. 1953).

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Opinion

In a contested probate proceeding, an instrument without an attestation clause was offered for probate. On the trial of framed issues, the petition was amended to offer for probate a similar instrument with an attestation clause. The single issue was that of due execution. The court withdrew from the jury’s consideration the instrument without an attestation clause. The jury found in proponent’s favor against the testimony of the subscribing witnesses, and the instrument with the attestation clause was admitted to probate as the last will and testament of the decedent. The contestant appeals from the decree insofar as it admitted the will to probate. Decree of the Surrogate’s Court, Westchester County, insofar as appeal is taken, unanimously affirmed, with costs to respondent, payable out of the estate. No opinion. Present — Nolan, P. J., Adel, Wenzel, Mac Crate and Beldoek, JJ.

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In a contested probate proceeding, an instrument without an attestation clause was offered for probate. On the trial of framed issues, the petition was amended to offer for probate a similar instrument with an attestation clause. The single issue was that of due execution. The court withdrew from the jury’s consideration the instrument without an attestation clause. The jury found in proponent’s favor against the testimony of the subscribing witnesses, and the instrument with the attestation clause was admitted to probate as the last will and testament of the decedent. The contestant appeals from the decree insofar as it admitted the will to probate. Decree of the Surrogate’s Court, Westchester County, insofar as appeal is taken, unanimously affirmed, with costs to respondent, payable out of the estate. No opinion. Present — Nolan, P. J., Adel, Wenzel, Mac Crate and Beldoek, JJ.

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Bluebook (online)

282 A.D. 1048, 126 N.Y.S.2d 907, 1953 N.Y. App. Div. LEXIS 5786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-dime-nyappdiv-1953.