Matter of Lewis
New York Surrogate Court
360 N.Y.S.2d 761 (1974)
- Written by Jamie Milne, JD
Facts
After Samuel Lewis’s death, a typewritten will was submitted for probate. The will was signed by Lewis and two attesting witnesses. Part of the back of the will was folded over the front page, and on that folded-over portion was a statement, in Lewis’s handwriting, saying that the will was void. The statement included Lewis’s name but no date. An X was drawn across the will’s entire first page. On the second page, between Articles III and IV, which addressed the disposition of Lewis’s assets, was a signed and dated note saying that those provisions were to be enforced. Article V, concerning the appointment of fiduciaries, was covered by a lightly inked X but remained readable. Article VI remained untouched. Article VII, which named a specific attorney to handle probate, was covered by an inked X and had a signed and dated note saying it was void. Part of Article VIII was struck with a line and had an accompanying signed and dated note saying it was void. The last page of the will, which contained the signatures of Lewis and the witnesses, had not been altered. The New York Surrogate Court considered whether the will had been revoked or should be admitted to probate.
Rule of Law
Issue
Holding and Reasoning (Brewster, J.)
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