MATTER OF HEANEY


75 Misc.2d 732 (1973)

In the Matter of The Estate of Michael J. Heaney, Deceased.

Surrogate's Court, Nassau County.

September 25, 1973


Attorney(s) appearing for the Case

Robert W. Taylor for proponent. Kimmelman, Sexter & Sobel for Michael J. Heaney, Jr., and another, respondents. Mellen, Donnelly & Fogarty for J. G. Markey, respondent.


RICHARD C. DELIN, S.

The objectants in this contested probate move for summary judgment denying probate on the ground that the propounded instrument was improperly executed.

There is no basic dispute that part of the execution ceremony as it relates to two of the three attesting witnesses was performed over the telephone. The court has been unable to find any case involving in whole or in part a telephonic...

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