The following excerpt is from Rose's Will, In re, 199 N.Y.S.2d 305, 22 Misc.2d 993 (N.Y. Surr. Ct. 1960):
Doubt exists if there is sound modern authority for indulging in presumptions as to whether alterations on a will were made before or after its execution. Matter of Easton's Will, 84 Misc. 1, 145 N.Y.S. 373; Crossman v. Crossman, 95 N.Y. 145, 153; Matter of Ross' Will, 177 App.Div. 719, 721, 164 N.Y.S. 884, 885. In any event, it seems clear that the burden of establishing the time of an alteration rests upon him who benefits from the change. Matter of Ross' Will, Supra.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.