MATTER OF WIGGINS


45 A.D.2d 604 (1974)

In the Matter of The Estate of Helen S. Wiggins, Deceased

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 31, 1974.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Eugene A. Panfil, Ruth Kessler Toch and Joseph J. Ricotta of counsel), for appellant.

Charlotte Smallwood Cook for Mary Hull, respondent.

MARSH, P. J., MAHONEY and DEL VECCHIO, JJ., concur with SIMONS, J.; CARDAMONE, J., dissents and votes to affirm the decree in an opinion.


SIMONS, J.

In 1948 Fred and Helen Wiggins executed a joint will. Mr. Wiggins died in 1948. In 1968 and 1969 Helen Wiggins executed two codicils changing the testamentary disposition of her estate. She died in 1969.

The issue before the court is whether the codicils were effective to alter the dispositions contained in the will of Mr. and Mrs. Wiggins. Upon a petition requesting reprobate of the will, probate of the two codicils and construction...

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