In Re the Probate of the Will of Field
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 19, 1911, which affirmed a decree of the Kings County Surrogate’s Court denying an application for the probate of an instrument propounded as the last will and testament of Warren B. Field, deceased.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 19, 1911, which affirmed a decree of the Kings County Surrogate’s Court denying an application for the probate of an instrument propounded as the last will and testament of Warren B. Field, deceased. A paper purporting to be the last will and testament of Warren B. Field, deceased, dated January 10, 1910, was refused probate by the surrogate of Kings county on the 25th of July, 1910. The American Society for Psychical Research, one of the legatees not cited in the Surrogate’s…
1Opinion of the CourtVann, J.
The surrogate refused probate because the paper purporting to be a will was not “ subscribed by the testator at the end ” thereof as required by statute, and the decree was affirmed by the Appellate Division for the same reason. As the essential facts were stipulated and the original paper itself is produced as one of the facts agreed upon, the question whether it was signed at the end is a question of law. The entire printed form was treated below as the first page, the sheets numbered from one to six as succeeding pages, and thus the conclusion was reached that the decedent did not sign at…
2Cases cited6 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- In Re the Probate of the Alleged Will of WhitneyNew York Court of Appeals · 1897
- In re Probate of the Last Will & Testament of AndrewsAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Northern Illinois Coal Corp. v. CryderIllinois Supreme Court · 1935
- Stone v. HoldenMichigan Supreme Court · 1922
- In Re the Probate of the Will of AllenNew York Court of Appeals · 1940
- Forrest v. TurnerCourt of Appeals of Virginia · 1926
- In Re Estate of MoroCalifornia Supreme Court · 1920
40 more not listed; retrieve them via the Exa API.