Legal Opinion
In re Hyland's Will
New York Surrogate's Court
Decided February 19, 1892PublishedCited by 3 opinions
Application for the probate of the will of Daniel Hyland, deceased. Granted.
1Opinion of the Court
RAISTSOM, S.
The decedent signed his will by a mark. On the face of the paper it was properly attested by two subscribing witnesses, whose signatures follow the recitals in a full attestation clause. One of them, Metz, has since died. Lawler, the surviving witness, testifies to all the facts necessary to show the proper execution of the instrument. The provisions of the Revised Statutes, and of the Code, in respect to the execution of wills, are substantially alike. 3 Rev. St. (6th Ed.) p. 59, § 11; Code Civ. Proc. § 2620. The language of the Code is:
“If all the subscribing witnesses, or, if a…
2Cases cited8 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Brown v. . ClarkNew York Court of Appeals · 1879
- Jackson v. . JacksonNew York Court of Appeals · 1868
- In Re the Probate of the Last Will & Testament of PepoonNew York Court of Appeals · 1883
- In re ReynoldsNew York Surrogate's Court · 1886
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3Cited by3 opinions
- In re Sullivan's WillMichigan Supreme Court · 1897
- In re Wilson's WillNew York Supreme Court · 1894
- Matter of Estate of HandNew Jersey Superior Court Appellate Division · 1996