MATTER OF HENS


39 Misc.2d 78 (1963)

In the Matter of The Estate of Lillian M. Hens, Deceased.

Surrogate's Court, Nassau County.

May 8, 1963


Attorney(s) appearing for the Case

William J. White for Theresa M. Hens and another, petitioners. Frederick Edel, as special guardian for Norbert Hens, Jr., and any and all unknown distributees, heirs at law and next of kin of Lillian M. Hens, deceased.


JOHN D. BENNETT, S.

In this probate proceeding the decedent by codicil reduced a general legacy in paragraph Second in the original amount of $500 to $50.

The codicil, however, is witnessed by the two petitioners who are the residuary beneficiaries of this estate.

Under section 27 of the Decedent Estate Law, a devise or bequest to a subscribing witness whose testimony is necessary to the probate of an instrument is void.

Since...

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