Legal Opinion

Matter of Will of John Kellum

New York Court of Appeals

Decided April 6, 1873PublishedCited by 37 opinions

1Opinion of the Court

The statute prescribes certain requisites to be observed in the execution of a will. 1. The signature of the testator at the end of the instrument. 2. That such signature be made or acknowledged in the presence of two witnesses. 3. The declaration of the testator in the presence of the witnesses that the paper is his will. 4. The attestation and signature of the instrument by the two witnesses, at the request of the testator. A failure to comply with either one of these requisites is fatal to the validity of the will. The proponents hold the affirmative, and must establish its due execution.…

2Cases cited2 opinions

  1. Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
  2. Lewis v. . LewisNew York Court of Appeals · 1854

3Cited by37 opinions

  1. Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
  2. Brown v. . ClarkNew York Court of Appeals · 1879
  3. In re the Estate of CollinsNew York Court of Appeals · 1983
  4. In re the Estate of MullinNew York Surrogate's Court · 1932
  5. Burge v. HamiltonSupreme Court of Georgia · 1884

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