In re the Probate of the Will of De Haas
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, New York County. Proceedings for the probate óf" the will of Maurits F. H. De Haas, deceased. The will was admitted to probate, and contestant appeals.
1Opinion of the CourtIngraham, J.
-—The appellant objected to the admission of the will of this testator to probate, on the ground that his subscription at the end of the will was not made by the testator in the presence of each of the attesting witnesses, nor acknowledged by him to have been so made to each of such witnesses; and the surrogate having overruled that objection, and admitted the will to probate, the appellant has appealed to this court.
The Revised Statutes (volume 2, p. 63, § 40) imperatively require the subscription to the will by the testator to be made in the presence of each of the attesting witnesses, or…
2Cases cited3 opinions
- Lewis v. . LewisNew York Court of Appeals · 1854
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- In re the Probate of the Last Will & Testament of McKayNew York Court of Appeals · 1888