Court of Appeals of New York
418 N.E.2d 656 (1981)
In a joint execution ceremony, Harvey Snide and his wife, Rose Snide (proponent) executed mutual wills drafted by their attorney to be identical, leaving each spouse’s estate to the surviving spouse. However, when their attorney presented them with the envelopes containing their wills for execution, the names on the envelopes were reversed and they inadvertently signed one another’s wills. When Harvey died, Rose offered for probate the will drafted for her but bearing Harvey’s signature. Harvey and Rose’s adult children consented to probate of the will, but the guardian ad litem (objector) representing the interests of their minor child objected to probate because the minor child would inherit a portion of the estate through the intestacy laws if the will was void, but nothing under the will. The Surrogate’s Court admitted the will to probate, decreeing that the will be reformed to transpose Harvey’s and Rose’s names throughout the document. The Appellate Division reversed, relying on a historical review of lower court cases denying probate under such circumstances. Rose appealed to the Court of Appeals of New York.
Rule of Law
Holding and Reasoning (Wachtler, J.)
Dissent (Jones, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 204,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.