In the Matter of Proving the Last Will and Testament of Rachel Lenox Kennedy, Deceased. Francis Halpin…

Summary

The New York Court of Appeals affirmed the surrogate's refusal to admit two purported instruments as the last will and codicil of Rachel Lenox Kennedy, holding that the testatrix's oral declarations are inadmissible to prove the existence or non‑revocation of a will, that a co‑tenant's admissions cannot bind another co‑tenant in a probate proceeding, and that the surrogate's factual findings, supported by the presumption of destruction, are conclusive and not subject to appellate reversal.