Whitbeck v. Patterson
New York Supreme Court
This was an -appeal from a decree of the surrogate of the county of Monroe, adjudging null and void, as not executed and attested in the manner prescribed by law, an instrument in writing, offered for probate and record, as the last will and testament of William Patterson, deceased. All the material facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court, Taylor, J.
William Patterson executed an instrument purporting to be his last will and testament, dated December 30,1847. It was -signed by him, with a seal affixed, and witnessed after the usual attestation clause, by the names of three witnesses. To superficial inspection, the will is executed in full accordance with the provisions of the revised statutes.
When the document, however, was brought before the surrogate for probate, it appeared from the testimony of Yolney Hughes, (not a witness to the will,) that he drew it at the request of Mr. Patterson; that Patterson knew its…
2Cases cited1 opinion
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
3Cited by2 opinions
- Torry v. BowenNew York Supreme Court · 1853
- Van Hooser v. Van HooserNew York Surrogate's Court · 1861