Citation Numbers： 28 Misc. 2d 705, 216 N.Y.S.2d 254, 1961 N.Y. Misc. LEXIS 2850
Judges： Bennett
Filed Date： 5/24/1961
Status： Precedential
Modified Date： 10/19/2024
This is a probate proceeding in which two of the subscribing witnesses cannot be located and the third is deceased. The handwriting of the deceased witness can allegedly be proved; however, that of the two remaining witnesses cannot be proved.
Under the circumstances, the propounded instrument is denied probate, and letters of administration will be issued to Lionel M. Goldberg, the petitioner, upon his duly qualifying according to law (Surrogate’s Ct. Act, § 142).