Hutchings v. Cochrane
New York Surrogate's Court
The instrument propounded was executed and attested according to the statute. 1st. Both the attesting witnesses swear that she subscribed it in their presence, and that she acknowledged it, at that time, as her last will, and that they signed it as witnesses in her presence, and that of each other. 2d. The other requisite, that the attestation of the witnesses should be made at the request of the testatrix, was substantially complied with.
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The instrument propounded was executed and attested according to the statute. 1st. Both the attesting witnesses swear that she subscribed it in their presence, and that she acknowledged it, at that time, as her last will, and that they signed it as witnesses in her presence, and that of each other. 2d. The other requisite, that the attestation of the witnesses should be made at the request of the testatrix, was substantially complied with. There is no particular form or manner in or by which it is requisite that the request of the testatrix should be made. The request may be verbal or by…
1Opinion of the Court
The Surrogate.
The probate of this will is contested by the sister and brothers of the deceased, on the grounds of informal execution, weakness of capacity, and undue influence.
The will was prepared by Mr. Barrett, by the direction of the decedent, and, when engrossed, was transmitted to her for execution, by the hands of Mr. Sparks and Mr. Barrett’s nephew, who attended at Miss Cochrane’s residence for the purpose of becoming attesting witnesses. Mr. Sparks states that the instrument was enclosed in an envelope—was first handed her to read—she opened and read it. He then asked her if she…
2Cited by3 opinions
- In re the Probate of the Will of WilliamsNew York Surrogate's Court · 1891
- In re Proving the Will of WoolseyNew York Surrogate's Court · 1896
- In re the Probate of the Will of MullenhoffAppellate Division of the Supreme Court of the State of New York · 1951