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Wills, Trusts & Estates Keyed to Bonfield
Matter of Lewis
Citation:
360 N.Y.S.2d 761 (Surr. Ct. 1974)Facts
The will in question is a typewritten document dated April 4, 1974, with the signature of the decedent and two subscribing witnesses, and an attestation clause. The will includes alterations made by the decedent in handwriting, such as a statement on the folded-over portion reading, “This will is void not to be in force Samuel J. Lewis” (without a date), and various ink marks and cross-outs on specific articles. For example, an inked “X” appears across the first page, while certain sections are marked as “VOID” or “to be enforced” with the decedent’s name and date. Some articles have been fully crossed out with an “X,” while others show partial deletions or alterations in the margins, such as “James to make the choice.” Despite these changes, the last page containing the testator’s signature and attestation clause remains unaltered.
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