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MATTER OF LITWACK

13 Misc.3d 1011 (2006)

827 N.Y.S.2d 582

In the Matter of the Estate of GLORIA LITWACK, Deceased.

Surrogate's Court, New York County.

October 19, 2006.

Attorney(s) appearing for the Case

Gibney Anthony & Flaherty, LLP, for nominated executrix.

OPINION OF THE COURT

RENEE R. ROTH, S.

Incident to this probate proceeding in the estate of Gloria Litwack, the court is required to construe two statutes governing the execution and revocation of wills (EPTL 3-2.1, 3-4.1) that appear to be in conflict. The circumstances which created the issue are as follows.

Testatrix's handwritten obliteration of a paragraph in the propounded instrument was witnessed...

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