Doe v. Roe
New York Supreme Court
Pursuant to the provisions of the 57th section of the title of the revised statutes relating to wills of real and personal property and the proof of them, (2 R. S. 66,) the late circuit judge of the third circuit directed a feigned issue to be made up to try the validity of the last will and testament of Isaac L. Van Alstyne, deceased. The issue thus made up was tried at the Columbia circuit, in March, 1846, before Parker, circuit judge.
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Pursuant to the provisions of the 57th section of the title of the revised statutes relating to wills of real and personal property and the proof of them, (2 R. S. 66,) the late circuit judge of the third circuit directed a feigned issue to be made up to try the validity of the last will and testament of Isaac L. Van Alstyne, deceased. The issue thus made up was tried at the Columbia circuit, in March, 1846, before Parker, circuit judge. After the plaintiff had offered evidence to prove the execution of the will, the circuit judge directed the plaintiff to be nonsuited, on the ground that the…
1Opinion of the Court
By the Court, Harris, P. J.
The statute makes four things necessary to the due execution of a will. First, it must be subscribed by the testator at the end of the will. Second, the subscription must be made in the presence of each attesting witness, or it must be acknowledged by the testator to have been made, to each attesting witness. Third, at the time of such subscription or acknowledgement, the testator must declare the instrument so subscribed, to be his last will and testament. Fourth; there must be at least two attesting witnesses, each of whom shall sign his name as a witness at the…
2Cases cited2 opinions
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Rutherford v. RutherfordCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by8 opinions
- In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894
- In re Proving the Last Will & Testament of HaberNew York Surrogate's Court · 1922
- In re Proving the Last Will & Testament of FoleyNew York Surrogate's Court · 1912
- Early v. EarlyNew York Surrogate's Court · 1882
- Gamble v. GambleNew York Supreme Court · 1863
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