Moultrie v. Hunt
New York Court of Appeals
Appeal from the Supreme Court. Application was made in April, 1856, to the Surrogate of the county of Hew York, for the issuing of a commission to take proofs of the execution in Charleston, South Carolina, of an alleged will of Benjamin F. Hunt, who, it was averred in the petition, had died in the city of Hew York, having his residence and leaving personal property there.
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Appeal from the Supreme Court. Application was made in April, 1856, to the Surrogate of the county of Hew York, for the issuing of a commission to take proofs of the execution in Charleston, South Carolina, of an alleged will of Benjamin F. Hunt, who, it was averred in the petition, had died in the city of Hew York, having his residence and leaving personal property there. The commission was issued; and the evidence taken under it established the fact that Mr. Hunt, in August, 1849, being then a citizen of South Carolina, executed under his hand and seal an instrument purporting to be a will…
1Opinion of the CourtDenio, J.
One of the requisites to a valid will of real or personal property, according to the Revised Statutes, is, that the testator should, at the time of subscribing it, or at the time v-of acknowledging it, declare, in the presence of at least two 1 attesting witnesses, that it is his last will and testament (2 R. S., p. 63, § 40.) The will which the Surrogate of New York admitted to probate, by the order under review, was defectively executed in this particular—the only statement which the alleged testator made to the witnesses being that it was his signature and seal which was affixed to it. It…
2Cases cited5 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
- Wendell v. LewisNew York Court of Chancery · 1841