Legal Opinion

In re of Proving the Last Will & Testament of Dayger

New York Surrogate's Court

Decided August 1, 1887Published

Proceedings to prove an instrument purporting to be the last will and testament of Ira Dayger, late of the town of Richfield, Otsego county, New York.

1Opinion of the Court

Tennant, S.

The will in question was written on one side of four sheets of note paper, fastened together with mucilage, so as to make a strip of paper twenty-eight inches long and five inches wide. It commenced at the top of this strip of paper so fastened together, and was written continuously down to within two ruled lines or seven-eighths of an inch of the bottom, where the testator signed his name. There was not sufficient room immediately below the testator’s signature on the same page to write the attestation clause and for the witnesses to subscribe their names thereto. The attestation…

2Cases cited13 opinions

  1. In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
  2. Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
  3. Remsen v. BrinckerhoffNew York Supreme Court · 1841
  4. Baskin v. . BaskinNew York Court of Appeals · 1867
  5. Tonnele v. . HallNew York Court of Appeals · 1850

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