Lewis v. Lewis
New York Supreme Court
This was an appeal from a decision of the surrogate of the county of Kings, refusing to admit to probate an instrument propounded as the last will and testament of Thomas Lewis, deceased. The will bore date February 2, 1849. The attesting witnesses were William H. Wing and Ferris Tripp, who were both examined before the surrogate. The substance of their testimony is given in the opinion of the court, and need not be repeated here.
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This was an appeal from a decision of the surrogate of the county of Kings, refusing to admit to probate an instrument propounded as the last will and testament of Thomas Lewis, deceased. The will bore date February 2, 1849. The attesting witnesses were William H. Wing and Ferris Tripp, who were both examined before the surrogate. The substance of their testimony is given in the opinion of the court, and need not be repeated here. It appeared that on the day of the date of the will, the decedent, who was a merchant in Pearl-street, New-York, while at his store, sent out for, and procured, a…
1Opinion of the Court
By the Court, Brown, J.
The 40th section of the statute (2 R. S. 7) prescribes what acts are essential to the valid execution of a will. The term executed, signifies those required of the testator. And the term attested, those required of the witnesses. The testator executes and the witnesses attest. If this distinction is borne in mind it will relieve the question of the due execution of the paper claimed to be the will of Thomas Lewis, of much of its embarrassment, and serve to reconcile the law as we now understand it. with some of the English authorities cited on the argument. The word…
2Cases cited4 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
- Rutherford v. RutherfordCourt for the Trial of Impeachments and Correction of Errors · 1845
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- Rush v. ParhamCourt of Appeals for the Fifth Circuit · 1980
- Robins v. CoryellNew York Supreme Court · 1858
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