In re Dockstader
New York Surrogate's Court
Application for probate of will. The facts are stated in the opinion.
1Opinion of the Court
The Surrogate.
It has been objected that the proof of the handwriting of the testatrix in this *107matter is not sufficient, and that the application for probate should be denied.
The execution of the paper purporting to be the will of Mary Bockstader was proved by one of the subscribing witnesses, and it appearing that the only other subscribing witness was dead, his handwriting was duly proven. The testatrix’s name was written by the living witness, and she subscribed her name by making a cross-mark. It is provided by § 2620 of the Code that “if a subscribing witness, whose testimony is required,…
2Cited by2 opinions
- In re Wilson's WillNew York Supreme Court · 1894
- In re Hyland's WillNew York Surrogate's Court · 1892