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MATTER OF MURPHY

70 Misc.2d 516 (1972)

In the Matter of The Estate of Stephen J. Murphy, Also Known as Stephen Murphy, Steve Murphy and Stephen John Murphy, Deceased.

Surrogate's Court, Kings County.

July 7, 1972

Attorney(s) appearing for the Case

Emanuel A. Herz for petitioner. Max Feuerman, guardian ad litem for John F. Murphy, an incompetent person.

NATHAN R. SOBEL, S.

The petition presents an issue under the doctrine of "incorporation by reference" as applied to wills. (See 1935 Report of N. Y. Law Rev. Comm. p. 431 et seq.; Second Report of Commission on Estates; N. Y. Legis. Doc., 1963, No. 6.1B, pp. 286-350.)

The petitioner Mrs. Gunning, a sister of the testator, presents an unwitnessed holographic instrument executed January 9, 1968...

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