In re the Probate of the Last Will & Testament of Sizer
Appellate Division of the Supreme Court of the State of New York
’ Appeal by Howard Wood from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 13th day of April, 1908, admitting to probate the will of Kelson Buell Sizer, deceased. The contestant was a nephew by the half blood.
1Opinion of the Court
Gayuor, J.:
There are three subscribing witnesses to the will and a full attestation clause, which also certifies to the unnecessary fact that the witnesses signed in the presence of each other. From the date of the will to the hearing on the probate was eight years and seven months. The first and second witnesses testified that they had no recollection of signing the will, or of being asked to, or of any thing connected with it, but acknowledged their signatures to be genuine. The witness who signed last (the third witness) testified that the testator came to his house and asked him to go…
2Cases cited11 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Orser v. . OrserNew York Court of Appeals · 1861
- In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894
- Thompson v. OwenIllinois Supreme Court · 1898
- Woolley v. . WoolleyNew York Court of Appeals · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- In re the Estate of CollinsNew York Court of Appeals · 1983
- In re Proving the Last Will & Testament of FrancisNew York Surrogate's Court · 1911
- In re the Estate of RusoAppellate Division of the Supreme Court of the State of New York · 1995
- In re the Probate of the Last Will & Testament of AbelAppellate Division of the Supreme Court of the State of New York · 1910
- In re ReganAppellate Division of the Supreme Court of the State of New York · 1923
25 more not listed; retrieve them via the Exa API.