O'Brien v. Galagher
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate for the district of Hartford, approving of the last will and testament of Edward Galagher. The cause by consent of parties, was heard before the Hon. Wm. L. Storrs, as a judge of the superior court, who made a special finding of the facts, and reserved the case for the advice of this court.
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This was an appeal from a decree of the court of probate for the district of Hartford, approving of the last will and testament of Edward Galagher. The cause by consent of parties, was heard before the Hon. Wm. L. Storrs, as a judge of the superior court, who made a special finding of the facts, and reserved the case for the advice of this court. From that finding it appears, that on the 25th day of August 1855, Galagher being the owner of real and personal estate, and sick, sent for one Duffy, a clergyman of the Roman Catholic church, to officiate as such clergyman, and after he had done so,…
1Opinion of the CourtWaite, C. J.
The question in this case, is whether the will of Galagher was legally executed, the subscribing witnesses having put their names to it before it was signed by the testator.
Several cases have been cited from the ecclesiastical courts in England, in which it was holden that wills so executed were invalid. The reason assigned is, that the instrument does not become a will, until signed by the testator, and therefore putting the names of the witnesses to the instrument, before it is signed by him, is not the attestation of the will which the law requires.
These decisions are of modern date, as…
2Cited by18 opinions
- In re the Estate of ShapterSupreme Court of Colorado · 1906
- Reed v. WatsonIndiana Supreme Court · 1867
- Gardner v. BalboniSupreme Court of Connecticut · 1991
- Kaufman v. CaughmanSupreme Court of South Carolina · 1897
- Gibson v. NelsonIllinois Supreme Court · 1899
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