New York Court of Appeals, 1981

In re the Estate of Lavigne

New York Court of Appeals · Decided February 19, 1981

52 N.Y.2d 1008; 420 N.E.2d 92; 438 N.Y.S.2d 294; 1981 N.Y. LEXIS 2239

Cases that cite this one

2 later published cases cite this decision.

In re the Estate of Collins (New York Surrogate's Court 1982)
In re the Estate of Christensen (Appellate Division of the Supreme Court of New York 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

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 NY2d 9). Such revocation by physical act of the testator revokes the will in its entirety, and therefore the will should not have been admitted to probate (EPTL 3-4.1, subd [a], par [2], subpar [A], cl [i]).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.