In re the Probate of the Will of Lake

New York Surrogate's Court

In re the Probate of the Will of Lake

4 Misc. 2d 799, 152 N.Y.S.2d 33, 1956 N.Y. Misc. LEXIS 2048

DecidedMarch 14, 1956

StatusPublished

This text of 4 Misc. 2d 799 (In re the Probate of the Will of Lake) 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 Lake, 4 Misc. 2d 799, 152 N.Y.S.2d 33, 1956 N.Y. Misc. LEXIS 2048 (N.Y. Super. Ct. 1956).

Pincite

Opinion

Anthony P. Savarese, S.

In this nonjury contested probate proceeding, the Surrogate finds upon the evidence that the propounded instrument was executed in duplicate, that both counterparts have been produced and filed, and that the requirements of section 21 of the Decedent Estate Law, relative to the execution of a will, were complied with. The evidence further establishes that the testator, at the time of the execution, was of sound mind and competent to make a will. The testimony of the attorney, who prepared the instrument, supervised its execution and acted as a witness thereto, satisfies the Surrogate that the name of the petitioner was inserted in paragraph “ Fourth “ Fifth ” and “ Sixth ” prior to execution. Neither objector sustained his affirmative allegation that the execution of the instrument was the result of fraud or undue influence. Their objections are dismissed and probate is granted. Submit decree accordingly on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Anthony P. Savarese, S.

In this nonjury contested probate proceeding, the Surrogate finds upon the evidence that the propounded instrument was executed in duplicate, that both counterparts have been produced and filed, and that the requirements of section 21 of the Decedent Estate Law, relative to the execution of a will, were complied with. The evidence further establishes that the testator, at the time of the execution, was of sound mind and competent to make a will. The testimony of the attorney, who prepared the instrument, supervised its execution and acted as a witness thereto, satisfies the Surrogate that the name of the petitioner was inserted in paragraph “ Fourth “ Fifth ” and “ Sixth ” prior to execution. Neither objector sustained his affirmative allegation that the execution of the instrument was the result of fraud or undue influence. Their objections are dismissed and probate is granted. Submit decree accordingly on notice.

Cite This Page — Counsel Stack

Bluebook (online)

4 Misc. 2d 799, 152 N.Y.S.2d 33, 1956 N.Y. Misc. LEXIS 2048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-lake-nysurct-1956.