Legal Opinion

In re the Probate of a Paper Propounded as the Last Will & Testament of Akers

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1902PublishedCited by 47 opinions

Appeal by the contestant, George H. Jeffries, from a decree of the Surrogate’s Court of the county of ¡New York, entered in said ¡Surrogate’s Court on the 21st day of January, 1902, admitting to probate a paper purporting to be the last will and testament of .Frederick Akers, deceased.

1Opinion of the Court

Hatch, J.:

The paper propounded for probate is written upon pages 1, 3 and 4 of a sheet of legal cap paper; the reverse side, being page 2 of the first sheet, is blank. The instrument is a holograph, it being conceded that it is entirely in the handwriting of the deceased, except the signature of the three subscribing witnesses, to which is attached their respective places of residence.The testator subscribed his name to the will prior to the witnessing of the will, but not in the presence of the witnesses. On the same line to the left of the signature of the first witness appears in the…

2Cases cited10 opinions

  1. Lovell v. . QuitmanNew York Court of Appeals · 1882
  2. Baskin v. . BaskinNew York Court of Appeals · 1867
  3. Dan v. BrownNew York Supreme Court · 1825
  4. In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
  5. In Re to Revoke the Probate of the Will of PhillipsNew York Court of Appeals · 1885

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3Cited by47 opinions

  1. In Re the Probate of the Will of TremainNew York Court of Appeals · 1940
  2. In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922
  3. In re Proving the Last Will & Testament of MooreAppellate Division of the Supreme Court of the State of New York · 1905
  4. In re the Estate of McCaffreyNew York Surrogate's Court · 1940
  5. In re the Probate of the Last Will & Testament of MarleyAppellate Division of the Supreme Court of the State of New York · 1910

42 more not listed; retrieve them via the Exa API.

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