MATTER OF CLARKE


10 Misc.2d 499 (1957)

In the Matter of the Probate of the Will of Owen Clarke, Deceased.

Surrogate's Court, Queens County.

November 1, 1957.


Attorney(s) appearing for the Case

Leonard L. Finz, special guardian for Clarke infants.

Starke, Cook & Ryan for Peter Lynch and another, petitioners.


ANTHONY P. SAVARESE, S.

Proponents have offered a holographic will for probate. A problem arises as to the validity of the instrument because of testator's use of the phrase "Until I get time to make a regular will and should I die before I do so, this is what I want done with my money," which prefaces the disposition of his assets. The court is of the opinion that the quoted language is not conditional, but...

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