Neugent v. Neugent
New York Surrogate's Court
This was a proceeding for the probate of the will of Bridget ÍTeugent, deceased. George Welsh one of the subscribing witnesses to the paper propounded for probate, and who drew the will, at the testatrix’ request, on cross-examination, testified that she told him to sign it for her; that he asked her if she was prepared to hear her will read, that he read it to her carefully; she said it was exactly what she wanted; he asked her if she wanted to sign the will; she took a…
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This was a proceeding for the probate of the will of Bridget ÍTeugent, deceased. George Welsh one of the subscribing witnesses to the paper propounded for probate, and who drew the will, at the testatrix’ request, on cross-examination, testified that she told him to sign it for her; that he asked her if she was prepared to hear her will read, that he read it to her carefully; she said it was exactly what she wanted; he asked her if she wanted to sign the will; she took a pen, and handed it to him to let him sign for her; he asked her, “ Do you want me to sign for you ? Do you want me to write…
1Opinion of the Court
The Surrogate.
In the absence oi an attesting clause, where the person who drew the will is so uncertain as to what was done, it would be very unsafe to adjudge the will in question properly executed. If other formalities had been observed, I should feel somewhat reluctant to hold that there was evidence of a publication of the will, in the absence of an attesting clause, yet as it was read to the testatrix, it is quite probable that she understood" the nature of the instrument that she procured the witness, Welsh, to subscribe for her. •
In Campbell v. Logan (2 Bradf., 98), it was held that…
2Cases cited11 opinions
- Lewis v. . LewisNew York Court of Appeals · 1854
- Gilbert v. . KnoxNew York Court of Appeals · 1873
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Hoysradt v. . KingmanNew York Court of Appeals · 1860
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
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3Cited by2 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of HermannNew York Surrogate's Court · 1914
- In re a Paper Propounded as the Last Will & Testament of RoeNew York Surrogate's Court · 1913