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8 New York opinions name it 1 courts 2011–2026 5 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In re Farrellgreen2 sentences2026Here, the petitioner established, prima facie, that the will was duly executed by submitting the will, which contained an executed attestation clause and a self-proving affidavit, and transcripts of the deposition testimony of the attesting witnesses and the notary ( see Matter of Farrell , 84 AD3d 1374, 1374 ). 2021Although the evidence here did not establish that the execution of the will was supervised by an attorney, "a presumption of compliance with the statutory requirements also arises where a propounded will contains an executed attestation clause and a self-proving affidavit" ( Matter of Greene , 89 AD3d 941, 943 ; see Matter of Farrell , 84 AD3d at 1374 ). | 2 | 4 |
In re the Estate of Collinsgreen2 sentences2021Further, "even where the memory of both attesting witnesses is failed or imperfect, a will nevertheless may be admitted to probate" ( Matter of Christie , 170 AD3d 718 , 720; see Matter of Collins , 60 NY2d at 471 ; Matter of Shapiro , 65 AD3d 790, 791 ). 2021In opposition to the prima facie showing, the objectants failed to raise a triable issue of fact ( see Matter of Collins , 60 NY2d 466, 470-472 ). | 1 | 3 |
In re Mooneygreen2 sentences2018Here, Rosemarie made a prima facie showing of entitlement to judgment as a matter of law dismissing the objections alleging lack of due execution by submitting, inter alia, the will, which contains an executed attestation clause and is accompanied by a self-proving affidavit, the transcript of the deposition testimony of the attorney-drafter, and the transcripts of the deposition testimony of the attesting witnesses ( see Matter of Templeton, 116 AD3d 781 ; Matter of Williams, 91 AD3d 661, 662 ; Matter of Mooney, 74 AD3d 1073, 1074 ). 2012The petitioner made a prima facie showing that the propounded will was duly executed pursuant to EPTL 3-2.1 by submitting, inter alia, the will, which contains an executed attestation clause, and the affidavits of the attesting witnesses (see Matter of Farrell, 84 AD3d 1374 [2011]; Matter of Murray, 84 AD3d 106, 115 [2011]; Matter of Mooney, 74 AD3d 1073, 1074 [2010]; Matter of Schlaeger, 74 AD3d 405, 407 [2010]; Matter of Castiglione, 40 AD3d 1227, 1228-1229 [2007]). | 1 | 3 |
In re the Estate of Tucciogreen2 sentences2026"However, a presumption of compliance with the statutory requirements also arises where a propounded will contains an executed attestation clause and a self-proving affidavit" ( id. ; see Matter of Michels , 192 AD3d 1110, 1111 ). 2012In opposition to the petitioner’s prima facie showing of entitlement to judgment as a matter of law on the petition and dismissing the objections based on lack of due execution, the appellant failed to raise a triable issue of fact (see Matter of Farrell, 84 AD3d at 1374; Matter of Tuccio, 38 AD3d 791, 791-792 [2007]). | 1 | 2 |
Matter of Michelsgreen1 sentence2026"However, a presumption of compliance with the statutory requirements also arises where a propounded will contains an executed attestation clause and a self-proving affidavit" ( id. ; see Matter of Michels , 192 AD3d 1110, 1111 ). | 1 | 1 |
Matter of Drallegreen2 sentences2025We initially find, and respondents do not contest, that petitioner set forth a prima facie case for probate through her submission of decedent's will, containing an executed attestation clause and accompanied by a self-proving affidavit of the subscribing witnesses ( see Matter of Ostrander , 237 AD3d at 1445-1446; Matter of Dralle , 192 AD3d at 1240; Matter of Cameron , 126 AD3d 1167, 1168 [3d Dept 2015]). [FN1] Petitioner also produced the testimony of the subscribing witnesses — the drafting attorney and the attorney's legal assistant — elicited during the SCPA examination. 2025We initially find, and respondents do not contest, that petitioner set forth a prima facie case for probate through her submission of decedent's will, containing an executed attestation clause and accompanied by a self-proving affidavit of the subscribing witnesses ( see Matter of Ostrander , 237 AD3d at 1445-1446; Matter of Dralle , 192 AD3d at 1240 ; Matter of Cameron , 126 AD3d 1167, 1168 [3d Dept 2015]). [FN1] Petitioner also produced the testimony of the subscribing witnesses — the drafting attorney and the attorney's legal assistant — elicited during the SCPA examination. | 1 | 1 |
In Re the Estate of Camerongreen2 sentences2025We initially find, and respondents do not contest, that petitioner set forth a prima facie case for probate through her submission of decedent's will, containing an executed attestation clause and accompanied by a self-proving affidavit of the subscribing witnesses ( see Matter of Ostrander , 237 AD3d at 1445-1446; Matter of Dralle , 192 AD3d at 1240; Matter of Cameron , 126 AD3d 1167, 1168 [3d Dept 2015]). [FN1] Petitioner also produced the testimony of the subscribing witnesses — the drafting attorney and the attorney's legal assistant — elicited during the SCPA examination. 2025We initially find, and respondents do not contest, that petitioner set forth a prima facie case for probate through her submission of decedent's will, containing an executed attestation clause and accompanied by a self-proving affidavit of the subscribing witnesses ( see Matter of Ostrander , 237 AD3d at 1445-1446; Matter of Dralle , 192 AD3d at 1240 ; Matter of Cameron , 126 AD3d 1167, 1168 [3d Dept 2015]). [FN1] Petitioner also produced the testimony of the subscribing witnesses — the drafting attorney and the attorney's legal assistant — elicited during the SCPA examination. | 1 | 1 |
Wilkinson v. Community Preservation Corp.green1 sentence2012The petitioner made a prima facie showing that the propounded will was duly executed pursuant to EPTL 3-2.1 by submitting, inter alia, the will, which contains an executed attestation clause, and the affidavits of the attesting witnesses (see Matter of Farrell, 84 AD3d 1374 [2011]; Matter of Murray, 84 AD3d 106, 115 [2011]; Matter of Mooney, 74 AD3d 1073, 1074 [2010]; Matter of Schlaeger, 74 AD3d 405, 407 [2010]; Matter of Castiglione, 40 AD3d 1227, 1228-1229 [2007]). | 1 | 1 |
In re the Estate of Murraygreen1 sentence2012The petitioner made a prima facie showing that the propounded will was duly executed pursuant to EPTL 3-2.1 by submitting, inter alia, the will, which contains an executed attestation clause, and the affidavits of the attesting witnesses (see Matter of Farrell, 84 AD3d 1374 [2011]; Matter of Murray, 84 AD3d 106, 115 [2011]; Matter of Mooney, 74 AD3d 1073, 1074 [2010]; Matter of Schlaeger, 74 AD3d 405, 407 [2010]; Matter of Castiglione, 40 AD3d 1227, 1228-1229 [2007]). | 1 | 1 |
In re Estate of Castiglionegreen1 sentence2012The petitioner made a prima facie showing that the propounded will was duly executed pursuant to EPTL 3-2.1 by submitting, inter alia, the will, which contains an executed attestation clause, and the affidavits of the attesting witnesses (see Matter of Farrell, 84 AD3d 1374 [2011]; Matter of Murray, 84 AD3d 106, 115 [2011]; Matter of Mooney, 74 AD3d 1073, 1074 [2010]; Matter of Schlaeger, 74 AD3d 405, 407 [2010]; Matter of Castiglione, 40 AD3d 1227, 1228-1229 [2007]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re the Estate of Greene
green
2 sentences2026However, in opposition, the objectant raised triable issues of fact as to whether the will was executed in conformance with the statutory requirements ( see EPTL 3-2.1[a][3]; Matter of Greene , 89 AD3d at 943 ). 2021Although the evidence here did not establish that the execution of the will was supervised by an attorney, "a presumption of compliance with the statutory requirements also arises where a propounded will contains an executed attestation clause and a self-proving affidavit" ( Matter of Greene , 89 AD3d 941, 943 ; see Matter of Farrell , 84 AD3d at 1374 ). | 2 | 2021–2026 |
In re Templeton
green
2 sentences2021Here, the petitioner demonstrated his prima facie entitlement to judgment as a matter of law dismissing the objections alleging lack of due execution through, inter alia, the will, which contains an executed attestation clause and is accompanied by a self-proving affidavit; the transcript of the deposition testimony of the attorney-drafter; and the transcripts of the deposition testimony of the attesting witnesses ( see Matter of Sabatelli , 161 AD3d at 874; Matter of Templeton , 116 AD3d 781 ). 2018Here, Rosemarie made a prima facie showing of entitlement to judgment as a matter of law dismissing the objections alleging lack of due execution by submitting, inter alia, the will, which contains an executed attestation clause and is accompanied by a self-proving affidavit, the transcript of the deposition testimony of the attorney-drafter, and the transcripts of the deposition testimony of the attesting witnesses ( see Matter of Templeton, 116 AD3d 781 ; Matter of Williams, 91 AD3d 661, 662 ; Matter of Mooney, 74 AD3d 1073, 1074 ). | 2 | 2018–2021 |
In re the Estate of Shapiro
green
1 sentence2021Further, "even where the memory of both attesting witnesses is failed or imperfect, a will nevertheless may be admitted to probate" ( Matter of Christie , 170 AD3d 718 , 720; see Matter of Collins , 60 NY2d at 471 ; Matter of Shapiro , 65 AD3d 790, 791 ). | 1 | 2021–2021 |
Lynch v. . Livingston
green
1 sentence2021Contrary to the objectant's contention, the notary of the self-proving affidavit was not disqualified by reason of his relationship to the successor executor-trustee named in the will or his relationship to the law firm nominated in the will to represent the executor in settling the decedent's estate ( see Lynch v Livingston , 6 NY 422, 423 ). | 1 | 2021–2021 |
In re Williams
neutral
1 sentence2018Here, Rosemarie made a prima facie showing of entitlement to judgment as a matter of law dismissing the objections alleging lack of due execution by submitting, inter alia, the will, which contains an executed attestation clause and is accompanied by a self-proving affidavit, the transcript of the deposition testimony of the attorney-drafter, and the transcripts of the deposition testimony of the attesting witnesses ( see Matter of Templeton, 116 AD3d 781 ; Matter of Williams, 91 AD3d 661, 662 ; Matter of Mooney, 74 AD3d 1073, 1074 ). | 1 | 2018–2018 |
In re James
green
1 sentence2018In opposition to the prima facie showing, the objectants failed to raise a triable issue of fact ( see Matter of Collins, 60 NY2d at 470-472 ; Matter of Halpern, 76 AD3d 429 , 432, affd 16 NY3d 777 ; Matter of Malan, 56 AD3d 479 , 479; Matter of James, 17 AD3d 366, 367 ). | 1 | 2018–2018 |
In re the Estate of Halpern
green
1 sentence2018In opposition to the prima facie showing, the objectants failed to raise a triable issue of fact ( see Matter of Collins, 60 NY2d at 470-472 ; Matter of Halpern, 76 AD3d 429 , 432, affd 16 NY3d 777 ; Matter of Malan, 56 AD3d 479 , 479; Matter of James, 17 AD3d 366, 367 ). | 1 | 2018–2018 |