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In re the Estate of Maul

Court of Appeals of the State of New York
Jan 8, 1942
39 N.E.2d 301 (N.Y. 1942)
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Summary

subscribing witness' testimony at hearing allowed to prove the waiver of an elective share

Summary of this case from In Matter of Menahem
See 2 Summaries

Opinion

Submitted November 27, 1941

Decided January 8, 1942

Appeal from the Supreme Court, Appellate Division, Fourth Department, VANDERMEULEN, J.

James I. Cuff and James I. McGuire for appellant.

Harry D. Sanders for respondent.

Elijah W. Holt, special guardian for Florence M. Maul, an incompetent person.

Order affirmed, without costs; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.

Summaries of

In re the Estate of Maul

Court of Appeals of the State of New York
Jan 8, 1942
39 N.E.2d 301 (N.Y. 1942)

subscribing witness' testimony at hearing allowed to prove the waiver of an elective share

Summary of this case from In Matter of Menahem

In Matter of Maul (287 N.Y. 694, supra) the Court of Appeals held that the acknowledgment might be made by a subscribing witness, though under a strict rule of construction of the subdivision it must have been held that only an acknowledgment by the signer of the document would suffice.

Summary of this case from Matter of Schwimmer
Case details for

In re the Estate of Maul

Case Details

Full title:In the Matter of the Estate of PETER MAUL, Deceased. LYNDA M. MAUL…

Court:Court of Appeals of the State of New York

Date published: Jan 8, 1942

Citations

39 N.E.2d 301 (N.Y. 1942)
39 N.E.2d 301

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The Surrogate ruled that it had not been acknowledged during the lifetime of the testator and, hence: (1)…

Matter of Schwimmer

This result was affirmed in 290 N.Y. 563. In Matter of Maul ( 176 Misc. 170, affd. 262 App. Div. 941, affd.…

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