In re Whitney's Will
New York Supreme Court
Appeal from surrogate’s court, Monroe county. Application for the probate of the will of James R Whitney, deceased. From a decree refusing to admit the will to probate, Annie C. Whitney, decedent’s widow, and others, proponents of the will, appeal. Reversed.
1Opinion of the CourtWard, J.
The will was rejected by the surrogate because the third and fourth clauses thereof were not written in the body of the will, but upon a separate piece of paper, fastened to the face of the will. They were intended by the testator as a part of his last will and testament, and were attached to the face of the will, at a point near the end of the second clause, with metal staples, on one side of the paper, so that, by raising up the unfastened end of the paper attached, the place where it should come in on the principal paper was apparent. The will was written on a blank form. The blank left…
2Cases cited5 opinions
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- Tonnele v. . HallNew York Court of Appeals · 1850
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- In Re the Probate of the Last Will & Testament of HewittNew York Court of Appeals · 1883
- In re VoorheesNew York Surrogate's Court · 1888
3Cited by1 opinion
- In re Boardman's WillNew York Surrogate's Court · 1891