In re the Probate of the Will of Vieillard
This text of 15 Misc. 2d 836 (In re the Probate of the Will of Vieillard) 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
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.
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Cite This Page — Counsel Stack
15 Misc. 2d 836, 186 N.Y.S.2d 506, 1959 N.Y. Misc. LEXIS 4098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-vieillard-nysurct-1959.