In re McDougall's Will
New York Supreme Court
Appeal from surrogate’s court, New York county. Proceeding for the' probate of the alleged will of Susanna Mc-Dougall, deceased. Prom a decree denying probate, proponents appeal.
1Opinion of the CourtParker, J.
The surrogate was right in holding that if John W. McDougall, one of the subscribing witnesses to the instrument propounded for probate, neither saw the testatrix subscribe her name at the end thereof, nor saw her signature at the time of nor before subscribing his name as an attesting witness, there was not such an execution as the statute requires. In re Mackay, 110 N. Y. 611, 18 N. E. 433; Mitchell v. Mitchell, 16 Hun, 97, affirmed 77 N. Y. 596. It is true that the court said otherwise in Willis v. Mott, 36 N. Y. 486-491, but the court of appeals, in Re Mackay, treated the discussion in…
2Cases cited3 opinions
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- Mitchell v. . MitchellNew York Court of Appeals · 1879
- Willis v. . MottNew York Court of Appeals · 1867
3Cited by5 opinions
- In re Proving the Will of StockwellNew York Surrogate's Court · 1896
- In re Proving the Last Will & Testament of Van BenschotenNew York Surrogate's Court · 1918
- In re Probate of the Last Will & Testament of de HaasAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Estate of AmicoNew York Surrogate's Court · 1966
- In re the Probate of the Will of De HaasAppellate Division of the Supreme Court of the State of New York · 1896