In re Proving the Will of Parsons — 236 N.Y. 580

Majority

p. 580

In the Matter of Proving the Will of George W. Parsons, Deceased. Frederick Burgess et al., Appellants; Louis A. McMillan et al., Respondents.

Headnote

Will — revocation — when writing across face of will sufficient to wholly. revoke same.

Matter of Parsons (Will), 204 App. Div. 879 , affirmed.

(Argued May 28, 1923;

decided June 12, 1923.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 1, 1922, which affirmed a decree of the West-chester County Surrogate’s Court denying probate to a paper propounded as the last will and testament of George W. Parsons, deceased. The alleged will was dated March 1, 1873, was in the handwriting of the testator, and signed by testator and two subscribing witnesses. Across the face of the will testator had written, in letters of substantially the same size as those of the will,

“ Will revoked. This will is hereby revoked

“ George W. Parsons Geo. W. Parsons ”

And underneath each signature a line was drawn. The surrogate found that the words and lines written by testator canceled, effaced and obliterated the entire will.

Daniel Whitford and Clifton P. Williamson for Frederick Burgess, appellant.

George Zabriskie and George Gray Zabriskie for William T. Manning, appellant.

John G. Daniel for respondents.

p. 581

Order affirmed, with., costs payable out of the estate; no opinion.

Concur: Hiscock, Ch..J., Hogan,'Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.