Lyon v. Ogden
Supreme Judicial Court of Maine
On report. This was a real action brought to recover certain land in Eden, Hancock county, and which the plaintiff claimed as one of the children and heirs-at-law of Samuel E. Lyon, late of New York city, deceased, or as her distributive part of the land as if her father had died intestate.
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On report. This was a real action brought to recover certain land in Eden, Hancock county, and which the plaintiff claimed as one of the children and heirs-at-law of Samuel E. Lyon, late of New York city, deceased, or as her distributive part of the land as if her father had died intestate. Said Lyon left a will executed in accordance with the laws of New York and which was duly proved and allowed in the proper court of that State, where he lived and died; and which was also proved and allowed in this State, by copy, as provided in R. S., c. 64, § 13. The defendants are trustees and…
1Opinion of the CourtWalton, J.
The question is whether real property situated in this .State can be effectually disposed of by a will having but two subscribing witnesses. The answer depends upon where the will is made. If made in this State, it will not. Our law requires at least three subscribing witnesses. But if made in another state or country, where but two subscribing witnesses are required, or, if first proved and allowed in another state or country according to the laws thereof, and then legally allowed and recorded in this State, as it may be, it will.
This conclusion is seemingly in conflict with section 36,…
2Cited by5 opinions
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