Beginning in the early 19th century, the vast majority of American jurisdictions have endorsed the proposition that allows a court to refuse probate to portions of a will that may be invalid, while leaving the remaining portions intact if such other portions are severable from the invalid ones. Alan R. Gilbert, Annotation, Partial invalidity of a will: may parts of will be upheld notwithstanding failure of other parts for lack of testamentary mental capacity or undue influence, 64 A.L.R. 3d 261 (1975).
New York law is no different in allowing this notion of partial probate. The surrogate must admit a will to probate regardless of the invalidity of any of its provisions, where the surrogate is satisfied that the will is genuine, that the testator was of sound mind, that such testator was not under any restraint, and that the will was executed in accordance with statutory requirements. In re Piekarski’s Will, 2 Misc.2d 189, 121 N.Y.S.2d 190 (Sur. Ct. 1953).
