In Re the Probate of the Last Will & Testament of MacKay
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 6, 1886, which affirmed a decree of the. surrogate of St. Lawrence county refusing to admit to probate an instrument purporting to be the last will of James Mackay, deceased. The facts, so far as material, are stated in the opinion. There was a sufficient acknowledgment of his subscription by the testator to the subscribing witnesses.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 6, 1886, which affirmed a decree of the. surrogate of St. Lawrence county refusing to admit to probate an instrument purporting to be the last will of James Mackay, deceased. The facts, so far as material, are stated in the opinion. There was a sufficient acknowledgment of his subscription by the testator to the subscribing witnesses. (Baskin, v. Baskin, 36 N. Y. 416, 419; Willis v. Willis, 36 id. 486; Ellis v. Smith, 1 Ves. Sr. 11; Nickerson v. Buck, 12 Cush.…
1Opinion of the CourtEarl, J.
The subscribing witnesses came to the dwelling-house of the deceased by previous appointment, and while seated at his writing desk he said to them, “ Gentlemen, what I sent for you for was to sign my last will and testament.” Thereupon he took from his writing desk the instrument, offered for probate, and laying it before the witnesses said: “It is now all ready awaiting your signatures.” He then presented the instrument to the witness McCarrier for his signature and he signed it, saying as he did so, “ I am glad, Father Mackay, you are mating your will at this time; I don’t suppose it will…
2Cases cited2 opinions
- Mitchell v. . MitchellNew York Court of Appeals · 1879
- Willis v. . MottNew York Court of Appeals · 1867
3Cited by54 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
- Nunn v. EhlertMassachusetts Supreme Judicial Court · 1914
- Tobin v. HaackSupreme Court of Minnesota · 1900
- In Re the Probate of the Will of BernseeNew York Court of Appeals · 1894
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