Rugg v. . Rugg
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1880, affirming a decree of the surrogate of Cattaraugus county, admitting to probate the will of Jonathan G. Rugg. (Reported below, 21 Hun, 383.) The probate was contested on the ground that the will was not duly and properly executed, as required by the statute. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1880, affirming a decree of the surrogate of Cattaraugus county, admitting to probate the will of Jonathan G. Rugg. (Reported below, 21 Hun, 383.) The probate was contested on the ground that the will was not duly and properly executed, as required by the statute. The facts appear sufficiently in the opinion. The question to the subscribing witness whether, in his opinion, he was not mistaken was erroneously received. (54 How. 274; Benway v.…
1Opinion of the CourtMiller, J.
We think that the evidence was sufficient to establish that the will was executed in accordance with the provisions of the Revised Statutes and the decisions of this court. The evidence of the subscribing witnesses upon the cross-examination, which, it is claimed, tended to show that they did not sign the will after it was signed by the testator, is insufficient to establish that it was not properly executed. Hooker, one of them, after stating that the testator signed after he did, appears to have had doubt on the subject, and testifies that he may be mistaken. The other witness, Smallwood,…
2Cases cited2 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Matter of Will of John KellumNew York Court of Appeals · 1873
3Cited by24 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In re the Estate of CollinsNew York Court of Appeals · 1983
- In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
- Hopf v. StateTexas Supreme Court · 1888
- Sherbourne v. NollCalifornia Supreme Court · 1908
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