In re the Estate of Lavigne — 52 N.Y.2d 1008

Majority

p. 1008

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

Argued January 14, 1981;

decided February 19, 1981

p. 1010

APPEARANCES OF COUNSEL

Andrew M. Puritz for appellant.

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

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.

Cases cited

In re the Probate of the Will of Bonner 17 NY2d 9 N.Y. 1966-01-20 p. 1010