Van Hooser v. Van Hooser
New York Surrogate's Court
This was an application for the proof of the will of Henry J. Van Hooser, deceased. The widow presented it for probate, and it was contested by some of the heirs. The facts are fully stated in the opinion.
1Opinion of the Court
The Surrogate. — Section 35 of 3 Rev. Stat., 5 ed., 144, provides that a will shall be executed and attested as follows :
I. It shall be subscribed by the testator at the end of the will.
IT. Such subscription shall be made by the testator in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been so made to each of the attesting witnesses.
III. The testator, at the time of making such subscription, or at the time of acknowledging the same, shall declare the instrument so subscribed to be his last will and testament.
IV. There shall be at least two attesting…
2Cases cited14 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Jauncey v. ThorneNew York Court of Chancery · 1846
- Newhouse v. GodwinNew York Supreme Court · 1853
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3Cited by1 opinion
- In re the Probate of the Will of PulvermacherNew York Court of Appeals · 1953