In re the Probate of the Will of McElwaine
New Jersey Superior Court Appellate Division
The testatrix was a married woman, and in the absence, and without the knowledge or assent of her husband, in August, 1865, made a will disposing of her real and personal property, and appointing her brother, E. P. Suydam, executor. She had been married but a short time, and had had no child. Her husband, Thomas McElwaine, filed a caveat against the will.
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The testatrix was a married woman, and in the absence, and without the knowledge or assent of her husband, in August, 1865, made a will disposing of her real and personal property, and appointing her brother, E. P. Suydam, executor. She had been married but a short time, and had had no child. Her husband, Thomas McElwaine, filed a caveat against the will. She had dictated the will to Albertus Vandewater, who drew it; when drawn, he read it to her and asked her if that was her will; she answered, yes. He then asked her who she would have to witness it. She asked Vandewater and Cornelia Magee,…
1Opinion of the Court
The Ordinary.
The statute of 1851, concerning wills, which must govern this case, directs that “ all wills and testaments shall be in writing, and shall be signed by the testator, which signature shall be made by the testator, or the making thereof acknowledged by him, and such writing declared to be his last will, in presence of two witnesses present at the same time, who shall subscribe their names thereto, as witnesses, in the presence of the testator.”
Four things are required: First, that the will shall be in writing; secondly, that it shall be signed by the testator ; thirdly, that such…
2Cases cited2 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Robins v. CoryellNew York Supreme Court · 1858
3Cited by5 opinions
- In Re HaltonNew Jersey Superior Court Appellate Division · 1932
- In Re Estate of CunninghamNew Jersey Superior Court Appellate Division · 1984
- In Re JohnsonNew Jersey Superior Court Appellate Division · 1934
- In Re AmsdenNew Jersey Superior Court Appellate Division · 1936
- In Re LesterNew Jersey Superior Court Appellate Division · 1926