Legal Opinion

In re Case

New York Surrogate's Court

Decided October 15, 1885PublishedCited by 1 opinion

Petition by Philander B. Case, a son of decedent, for the probate of the will of the latter. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

Philander B. Case, one of the heirs at law of the deceased, has presented to this court, for probate, an instrument, claiming it to be the will of his mother, Mary C. Case. An inspection of the paper shows that the attesting witnesses did not sign their names at the end of the will, as required by 2 B». S., 63, § 40, subd. 4.

Had nothing more appeared or been claimed, the Surrogate, very properly, might have refused to hear proofs (Matter of Hewitt, 91 N. Y., 261; below, 5 Redf., 271); but it was urged that the instrument was properly executed and attested and made a complete…

2Cases cited5 opinions

  1. In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
  2. Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
  3. In Re the Probate of the Last Will & Testament of HewittNew York Court of Appeals · 1883
  4. Brady v. McCrossonNew York Surrogate's Court · 1881
  5. Hewitt v. HewittNew York Surrogate's Court · 1881

3Cited by1 opinion

  1. In re Blair's WillNew York Supreme Court · 1895

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