Leaycraft v. Simmons

The Surrogate.

The first objection to the probate of the will relates to the manner of execution. The testatum clause does not recite a testamentary declaration, and it is urged that for this reason, proof of a testamentary declaration having in fact been made, is incompetent. I think otherwise. The statute does not require an attestation clause. The question is whether all the proper ceremonies were performed. If they were, and the witnesses prove it, the requisitions of the law are answered. The omission to recite at the end of the will any or all of the prescribed forms, cannot affect the…