In Re Probate of the Last Will of Beckett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 4, 1885, which reversed a decree of the surrogate, of the county of New York refusing probate of an instrument propounded as the last will of, Eliza B. Beckett, deceased, and directed its admission to probate. (Reported below, 35 Hun, 447.) The, instrument presented as the will of the deceased was written by herself.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 4, 1885, which reversed a decree of the surrogate, of the county of New York refusing probate of an instrument propounded as the last will of, Eliza B. Beckett, deceased, and directed its admission to probate. (Reported below, 35 Hun, 447.) The, instrument presented as the will of the deceased was written by herself. It was dated on the 5th of October, 1881, subscribed by her and by two witnesses who were present at the time of its execution. It was as follows: “…
1Opinion of the CourtFinch, J.
The evidence in this case establishes that both of the subscribing witnesses understood from the words and acts of the testatrix, uttered and done at the execution of the will, that she knew the paper she was signing to be testamentary and desired them to act as witnesses thereto. Hiss Deen swears that she knew the paper to be a will from the words addressed to her by the testatrix, and similar means of knowledge attached to the language in which she requested the signature of Miss Cassini. It is entirely certain that the testatrix understood the character and contents of the paper which she…
2Cited by44 opinions
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- Harley v. WilliamsMontana Supreme Court · 1915
- In re the Estate of HedgesAppellate Division of the Supreme Court of the State of New York · 1984
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