Abbey v. Christy
New York Supreme Court
THIS was an appeal from a decree of the surrogate of the county of New York, refusing probate to certain paper writing propounded by Horatio Gr. Abbey as the will of Edwin B. Christy, deceased. The facts appear in the opinions of the court.
1Opinion of the CourtG. G. Barnard, J.
The case of Seymour v. Van Wyck, (6 N. Y. Rep. 120,) is directly in point. That case decides that the testator .must, in the presence of two witnesses, declare the instrument to he his' last will and testament. In the case at bar such a declaration was not made.
The case in 6 N. Y. Rep. and the present case are quite similar in their details ; the health and capacity of the testator in Seymour v. Van Wyck was about the same as those of the testator in this case ; if any thing a little better.
*277In that case one of the witnesses (Caleb Eoscoe) testified: “ The testator was bolstered up in bed; he…
2Cases cited3 opinions
- Orser v. . OrserNew York Court of Appeals · 1861
- Jauncey v. ThorneNew York Court of Chancery · 1846
- Seymour v. . Van WyckNew York Court of Appeals · 1851
3Cited by1 opinion
- Seymour v. . Van WyckNew York Court of Appeals · 1851