In re the Probate of a Paper Propounded as the Last Will & Testament of Turrell
Appellate Division of the Supreme Court of the State of New York
Appeal by Imogene Lockwood and others, beneficiaries under the will of the above-named decedent, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s ■Court on the 27th day of July, 1899, denying probate to a paper propounded as the last will and testament of Serena D. Turell, •deceased.
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Appeal by Imogene Lockwood and others, beneficiaries under the will of the above-named decedent, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s ■Court on the 27th day of July, 1899, denying probate to a paper propounded as the last will and testament of Serena D. Turell, •deceased. The following are the surrogate’s findings of fact upon the subject of execution: Serena D. Turell, the decedent and testatrix, was an elderly woman apparently not on cordial relations with her relatives. The will or paper writing offered for probate in this proceeding…
1Opinion of the Court
Barrett, J.:
The sole question here is whether the requirements of the statute-as to the execution and attestation of wills were complied with.. Mrs. Turell’s entire will, including the attestation clause, was holographic. The attestation clause, however, was imperfect, both grammatically and in substance. It reads as follows :
“ The foregoing instrument was by Serena Di Turell, the testatrix therein named, signed, sealed, published and declared on the-day last above written, of and for will and testament and we, at her request, in her presence and in the presence of each other have-hereunto…
2Cases cited4 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Baskin v. . BaskinNew York Court of Appeals · 1867
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
- Wilson v. HetterickNew York Surrogate's Court · 1853
3Cited by7 opinions
- In re Probate of the Will of MurphyNew York Surrogate's Court · 1895
- In re BradleyNew York Surrogate's Court · 1929
- In re Proving a Paper Writing Purporting to be the Last Will & Testament of HolmbergNew York Surrogate's Court · 1913
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of AlfayaNew York Surrogate's Court · 1924
- In re Letters of Administration of the Goods, Chattels & Credits of RudolphNew York Surrogate's Court · 1916
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