In re the Probate of the Will of Lindemann
This text of 191 Misc. 285 (In re the Probate of the Will of Lindemann) 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.
Opinion
Paragraph “ First” of the propounded instrument directs decedent’s husband, the sole legatee, to pay all her debts and funeral expenses. Paragraph “ Third ” confers a power of sale upon the husband for the purpose of carrying out the provisions of the will. Although he is not expressly appointed executor, the implication is clear that decedent intended him to act in that capacity. Petitioner is accordingly an executor by the tenor of the will. The proof satisfies me that the propounded instrument was duly executed as a will at a time when decedent was competent and free from restraint. Submit decree, accordingly, admitting will to probate.
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Cite This Page — Counsel Stack
191 Misc. 285, 80 N.Y.S.2d 276, 1947 N.Y. Misc. LEXIS 3783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-lindemann-nysurct-1947.