In re the Probate of the Will of Richard

New York Surrogate's Court

In re the Probate of the Will of Richard

200 Misc. 230, 102 N.Y.S.2d 984, 1951 N.Y. Misc. LEXIS 1581

DecidedMarch 2, 1951

StatusPublished

This text of 200 Misc. 230 (In re the Probate of the Will of Richard) 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 Richard, 200 Misc. 230, 102 N.Y.S.2d 984, 1951 N.Y. Misc. LEXIS 1581 (N.Y. Super. Ct. 1951).

Pincite

Opinion

Rubenstein, S.

The court is satisfied, on all the evidence, that the decedent executed her will in substantial compliance with the provisions of section 21 of the Decedent Estate Law and that at the time of execution she was fully competent to make a will and free from restraint.

The proof further establishes that the words “ Void Lillian ” now appearing on the first page of the instrument were inserted after execution. These words were not written across any of the typewritten matter of the instrument nor did they come in contact with any portion thereof and were insufficient to constitute a revocation of the instrument. (Matter of Akers, 74 App. Div. 461, affd. 173 N. Y. 620; Matter of Berman, 185 Misc. 1037.)

Probate of the instrument as it appeared at its execution is, therefore, decreed.

Proceed accordingly.

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