In re the Probate of the Will of Vieillard

15 Misc. 2d 836, 186 N.Y.S.2d 506, 1959 N.Y. Misc. LEXIS 4098

Opinion

John D. Bennett, S.

As much of the proponent’s application is granted as seeks a preliminary hearing to determine the status of the contestants who were named as beneficiaries in a prior will executed by the decedent on February 5, 1957. The decedent’s signature on this instrument, as submitted, has a red line drawn through it (see Matter of Dicks, 267 App. Div. 117; Matter of Fehringer, 183 Misc. 438). The facts presented in Matter of Aims (199 Misc. 185); Matter of Aspenleiter (187 Misc. 167); Matter of Cohen (151 Misc. 98); Matter of Hendrickson (99 N. Y. S. 2d 664); Matter of Irvin (N. Y. L. J., May 15, 1958, p. 7, col. 5) render them inapplicable here.

The motion to dismiss will be held in abeyance pending a determination of the issue of revocation of the prior will.