In re Beck
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Maria L. Kay and others, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 21th day of June, 1895, admitting to probate a paper propounded as the last will and testament of David F. Beck, deceased.-
1Opinion of the Court
Cullen, J. :
The first claim on the part of the appellants is that the attestation of the will is defective, in that the witnesses did not sign their names at the end of the will, as required by the statute. This claim is based on the fact that the attestation clause is- carried entirely across the face of the instrument, and separates the testator’s signature from those of the witnesses, the former signing above that clause and the latter below it. The argument is that the statute requires the signatures of both the testator and the witnesses to be made at the end of the will, and that,,…
2Cases cited6 opinions
- In Re the Probate of the Last Will & Testament of EysamanNew York Court of Appeals · 1889
- Woolley v. . WoolleyNew York Court of Appeals · 1884
- McDonough v. LoughlinNew York Supreme Court · 1855
- Oliver Lee & Co's Bank v. WalbridgeNew York Court of Appeals · 1859
- Williamson v. WilliamsonNew York Surrogate's Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re the Construction of the Last Will & Testament of McQueenNew York Surrogate's Court · 1917
- In re the Probate of the Last Will & Testament & Codicils of AustinAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Judicial Settlement of the Accounts of OwenAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the of Account Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of AckerinaNew York Surrogate's Court · 1949
9 more not listed; retrieve them via the Exa API.