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Matter of Noichl
Although there are limited circumstances where a holographic will may be validly executed in New York ( see EPTL 3-2.2), New York courts may nevertheless accept holographic wills that are "executed and attested in accordance with the local law of . . . [t]he jurisdiction in which the testator was domiciled, either at the time of execution or of [*3]death" (EPTL 3-5.1 [c] [3]; see Matter of Hahnel , 88 Misc 2d 524, 529-531 [Sur Ct, NY County 1976], affd 58 AD2d 531 [1977], lv denied 43 NY2d 644 [1978]; Matter of Wizelholc , 176 Misc 100, 102 [Sur Ct, NY County 1941]).
Retrieving the full opinion text from the archive…
In the Matter of the Estate of Marie Hahnel, Horace W. K. Borchardt, Appellant Emma Hahnel, by Hans Harnik
Appellate Division of the Supreme Court of the State of New York.
Jun 9, 1977.
Published
— Decree of the Surrogate’s Court, New York County, entered on December 10, 1976, unanimously affirmed on the opinions of Midonick, S., without costs and without disbursements. [88 Misc 2d 524.] Concur— Kupferman, J. P., Birns, Capozzoli and Lane, JJ.