In re the Probate of the Last Will & Testament of Marley
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Edwin Bachman and another, from a decree of the Surrogate’s Court of Rensselaer county, entered in said Surrogate’s Court on the 4th day of June, 1908, denying probate to a paper propounded as the last will and testament of Matthew S. Marley, or Morley, deceased.
1Opinion of the Court
Houghton, J.:
The paper propounded as the last will and testament of Matthew S. Morley, or Marley, deceased, is wholly in his handwriting, including the attestation clause, and it is undisputed that his signature appears at the end and that the signatures of two witnesses follow the attestation clause. On its face it appears to be a properly executed will.
Although the learned surrogate wrote no opinion and made very broad findings against the due execution of the paper as a last will and testament, he manifestly denied probate on the ground that the alleged testator’s signature which had been…
2Cases cited4 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
3Cited by15 opinions
- In re the Probate of the Last Will & Testament of LevengstonAppellate Division of the Supreme Court of the State of New York · 1913
- In re Proving the Last Will & Testament of BassettNew York Surrogate's Court · 1914
- In re Petition for the Probate of a Paper Propounded as the Last Will & Testament of WilmerdingNew York Surrogate's Court · 1912
- In re BilletNew York Surrogate's Court · 1919
- In re Proving a Paper Writing Purporting to be the Last Will & Testament of HolmbergNew York Surrogate's Court · 1913
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