New York County Surrogate Nora Anderson has denied summary judgment and ordered a trial to determine whether or not letters testamentary issued in 1979 should be revoked and a will made one week later in 1978 admitted to probate in its place. The case, The Will Of Elmer H. Bobst is reported in today’s New York Law Journal. The will offered by the objectants was recently discovered by the decedent’s great granddaughter and it differs markedly from the one originally admitted to probate. The estate was worth more than ten million dollars 34 years ago.
This case has got to be rated as one of the top nightmares for any probate lawyer, not to mention the litigants involved. After nearly two generations, one can only imagine the problems caused by disappearing documents, as well as questionable memories and the likelihood that key witnesses may no longer be living. Some things you just can’t make up! Stay tuned for details of the trial.