Legal Opinion
In re the Estate of Tyner
New York Surrogate's Court
Decided October 24, 1930PublishedCited by 5 opinions
1Opinion of the Court
Wingate, S.
Section 21 of the Decedent Estate Law provides in part: “ Every last will and testament of real or personal property, or both, shall be executed and attested in the following manner:
“ 1. It shall be subscribed by the testator at the end of the will.”
*193It has been uniformly held that this statute should be strictly construed, to the end that no opening wedge may be driven into the protecting barrier against fraud and imposition which it interposes. (Matter of Booth, 127 N. Y. 109, 116.) As was said in Matter of Andrews (162 N. Y. 1, at p. 5): “ It has been repeatedly laid down as the…
2Cases cited6 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- In re Blair's WillNew York Supreme Court · 1895
- In Re the Probate of a Paper Alleged to Be the Last Will and Testament of BoothNew York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of LevantiNew York Surrogate's Court · 1931
- In re the Estate of BongiovanniNew York Surrogate's Court · 1931
- In re the Estate of FickenNew York Surrogate's Court · 1932
- In re the Probate of the Last Will & Testament of WhitedAppellate Division of the Supreme Court of the State of New York · 1934
- In re the Probate of the Will of WintersAppellate Division of the Supreme Court of the State of New York · 1950