In re Proving the Last Will & Testament of Dybalski
Appellate Division of the Supreme Court of the State of New York
Appeal by Stanislaw Dybalski and another from a decree of the Surrogate's Court of the county of Erie, entered in the office of said Surrogate’s Court on or about the 7th day of April, 1920, admitting to probate the instrument offered by the petitioner as the last will and testament of Mi chalina, Dybalski, deceased.
1Concurrence
Davis, J. (concurring):
I concur for affirmance. The Decedent Estate Law, section 21, provides the manner of executing wills. It says in the part material here that the will shall be subscribed by the testator at the end in the presence of the attesting witnesses. In this case it was so subscribed. It says that the testator at the time of making such subscription shall declare the instrument so subscribed to be his last will and testament. The evidence is undisputed that the testatrix in this case did so declare. The statute does not require any particular form of declaration. It may be in…
2Cases cited3 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In re the Probate of the Will of MengeNew York Surrogate's Court · 1895