In the Matter of the Probate of the Will of Wilhelmina Staiger, Deceased; Julia Stretz, Appellants; Frank v…

Summary

The New York Court of Appeals reversed the Appellate Division’s order admitting a copy of a lost will, holding that the proponent failed to meet the burden of proof that the will existed at the testatrix’s death and that the testimony regarding the testatrix’s statements was inadmissible. The case was remanded to the Surrogate’s Court for a new trial.