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MATTER OF LAVIGNE

52 N.Y.2d 1008 (1981)

In the Matter of The Estate of Sylvester Lavigne, Deceased. Kenneth Lavigne, Petitioner; Lloyd Lavigne et al., Respondents; Janice La Plante, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Andrew M. Puritz for appellant.

Richard V. Pregent and Lee H. Turner for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It cannot be said that the Appellate Division erred in finding that testator's obliteration of his will was accompanied by the requisite intent to revoke (see Matter of Bonner, 17 N.Y.2d 9). Such revocation by physical act of the testator revokes the will in its entirety, and therefore the will...

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