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Wills, Trusts & Estates Keyed to Bonfield
Matter of Snide
Citation:
418 N.E.2d 656 (N.Y. 1981)Facts
Harvey Snide and his wife, Rose, intended to execute mutual wills but mistakenly signed each other’s will during a common execution ceremony. The only issue was the names being incorrect in the wills, as the beneficiaries’ names were swapped. No issues arose regarding the formalities of execution, testamentary capacity, or the decedent’s intent. Rose Snide offered Harvey’s will for probate, and the Surrogate Court allowed it, even ordering a reform to substitute the names “Harvey” and “Rose” where they appeared incorrectly. It was clear from the facts that the error was genuine, resulting from both parties receiving wills in envelopes marked for the other. Harvey was survived by Rose and their three children, with two children consenting to the probate, but the minor child objected through a guardian ad litem, as the will would leave the entire estate to Rose, and the minor would benefit only through intestate succession.
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