Robertson v. Caw
New York Supreme Court
This was an appeal from the final decree of the surrogate of the county of Fulton, pronounced on the 13th of October, 1846. The appellants are the executors of the last will and testament of Margaret McPherson, late of the county of Fulton, deceased.
Read the full summary
This was an appeal from the final decree of the surrogate of the county of Fulton, pronounced on the 13th of October, 1846. The appellants are the executors of the last will and testament of Margaret McPherson, late of the county of Fulton, deceased. The will was dated 7th of July, 1844, and was admitted to probate by the surrogate of Fulton county on the 13th of September, 1844. The subscribing witnesses to the will were William Walker, William Chambers, and David Caw; the respondent, each of whom is a legatee named in the will; and each of whom was examined as a witness before the…
1Opinion of the Court
*414By the Court,
Willard, J.
The first question arising oif this appeal is, whether the subscription by David Caw, the respondent, as a witness to the will of the testatrix, avoids the' legacy therein bequeathed to him. The revised statutes (2 vol. 65, § 50,) contain this provision on the subject: “ If any person shall be a subscribing witness to the execution of any will, wherein any beneficial devise, legacy, interest or appointment of any real or personal estate, shall be made to such witness, and such will carinot be proved without the testimony of such witness, the said devise, legacy,…
2Cited by8 opinions
- Coykendall v. BlackmerAppellate Division of the Supreme Court of the State of New York · 1914
- Whitehead v. Wilson Knitting MillsSupreme Court of North Carolina · 1927
- Burns v. ClarkNew York Supreme Court · 1862
- In re the Contested Will of HockNew York Surrogate's Court · 1911
- Grimm v. HamelNew York Court of Common Pleas · 1859
3 more not listed; retrieve them via the Exa API.