Mowry v. Silber
New York Surrogate's Court
I. The identity of the testator as the person who signed, sealed, published, and declared the instrument offered for probate as h is last will, is proved both by the subscribing witnesses to the will, as also by Hawkins, Mrs. Beckwith, and Mr. Shirley, witnesses for respondent, and by Mrs. Harsen and Anna B. Shrady, and other witnesses of contestant, who show collaterally where the testator was during this period, the room he occupied, and his death in and the removal of his…
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I. The identity of the testator as the person who signed, sealed, published, and declared the instrument offered for probate as h is last will, is proved both by the subscribing witnesses to the will, as also by Hawkins, Mrs. Beckwith, and Mr. Shirley, witnesses for respondent, and by Mrs. Harsen and Anna B. Shrady, and other witnesses of contestant, who show collaterally where the testator was during this period, the room he occupied, and his death in and the removal of his corpse from the house of Mr. Mowry. If it was not Martin Silber who signed the will, who was it % (Rutherford vs.…
1Opinion of the Court
The Surrogate.
This will was opposed by all the adult children of the deceased, except Mrs. Mowry, the wife of the executor, by whom it was propounded. The grounds of contest were, insufficient proof of due execution, and of the identity of thedecedent; and that the will was obtained from the deceased, while in a state of impaired and debilitated mind, by means of undue influence.
In regard to the execution, I think all the proper formalities were observed; and though the witnesses were strangers to the decedent, yet there seems to be no just reason for doubting that the person who executed the…
2Cited by8 opinions
- Beaubien v. CicotteMichigan Supreme Court · 1864
- In re Will of AmesSupreme Court of Iowa · 1879
- Lee v. DillNew York Supreme Court · 1860
- Turhune v. BrookfieldNew York Surrogate's Court · 1854
- Booth v. KitchenNew York Surrogate's Court · 1877
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