Legal Opinion

In re the Probate of a Paper Propounded as the Last Will & Testament of Sperb

New York Surrogate's Court

Decided March 15, 1911PublishedCited by 4 opinions

Proceeding for the probate of a will.

1Opinion of the Court

Fowler, S.

When the proceeding to probate the paper writing propounded in this matter came regularly on to be heard, the proponents offered the usual evidence to establish the factum of a will. The testimony of the subscribing witnesses was sufficient for this purpose, and there was besides proof of "a certificate of attestation written on and annexed to the paper propounded, and also there was uncontradicted evidence of the presence of a lawyer who superintended the formal execution of such paper as an intended will. The latter facts are always significant and, in adjudged cases of binding…

2Cases cited3 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. O'Brien v. . JacksonNew York Court of Appeals · 1901
  3. In re the Probate of the Last Will & Testament of McCartyAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by4 opinions

  1. In re Gedney's WildNew York Surrogate's Court · 1913
  2. In re Probate of a Paper Purporting To Be the Last Will & Testament of McCabeNew York Surrogate's Court · 1911
  3. In re Proving the Last Will & Testament of GardinerNew York Surrogate's Court · 1928
  4. In re the Probate of the Will of SiglNew York Surrogate's Court · 1960

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