Hoysradt v. . Kingman
New York Court of Appeals
Appeal from the Supreme Court. The executors of John Hoysradt, deceased, propounded before the surrogate of Columbia his last will and testament, bearing date August 2, 1854, and disposing of both real and personal estate. The surrogate decreed that the instrument was not executed and attested in the manner prescribed by law.
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Appeal from the Supreme Court. The executors of John Hoysradt, deceased, propounded before the surrogate of Columbia his last will and testament, bearing date August 2, 1854, and disposing of both real and personal estate. The surrogate decreed that the instrument was not executed and attested in the manner prescribed by law. Upon appeal to the Supreme Court, this decree was reversed at general term in the third district, and the surrogate required to admit the will to probate. Two of the heirs-at-law appealed to this court. The facts are sufficiently stated in the following opinion.
1Opinion of the CourtDenio, J.
This case arises on appeal from a judgment of the Supreme Court, reversing a decree óf the surrogate of the county of Columbia, by which decree the alleged will of John Hoysradt was refused probate, as not having been executed and attested according to law. The judgment of the Supreme Court declared it to have been duly executed, and directed the surrogate to admit it to probate and record.
The will was attested by three witnesses, two of whom were nephews of the testator, and all of them his neighbors, and they were, respectively, members of different families. The testator, in the forenoon…
2Cases cited1 opinion
- Jauncey v. ThorneNew York Court of Chancery · 1846
3Cited by38 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- Casey v. HanleyCalifornia Supreme Court · 1919
- Willis v. . MottNew York Court of Appeals · 1867
- In Re Estate of EmartCalifornia Supreme Court · 1917
- Nunley v. WillcuttMontana Supreme Court · 1954
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