Legal Opinion

Robins v. Coryell

New York Supreme Court

Decided June 7, 1858PublishedCited by 19 opinions

APPEAL from a decree of the surrogate of the county of Steuben, establishing the will of John Robins deceased, as a valid will of real and personal estate, and admitting the same to probate as such. The will was contested by the children and heirs at law of the deceased, on the ground that the same was not properly executed.

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APPEAL from a decree of the surrogate of the county of Steuben, establishing the will of John Robins deceased, as a valid will of real and personal estate, and admitting the same to probate as such. The will was contested by the children and heirs at law of the deceased, on the ground that the same was not properly executed. The proof in regard to the execution was that the testator had received an injury to the spinal marrow, a little below the points of the shoulders, the effect of which was to paralyze the parts below; that it, in a measure, paralyzed the arms and the fingers, which made…

1Opinion of the Court

By the Court, E. Darwin Smith, J.

The only question presented upon this appeal is, whether under our statute a will can he properly executed without being attested by the actual sign manual of the testator. The statute of frauds and perjuries, of the 29th of Charles 2, ch. 3, declared that “all devises of lands and tenements should not only be in writing but signed by the testator or some other person in his presence and by his express directions, and be subscribed in his presence by three or more credible witnesses.” This statute was re-enacted in this state after the revolution, and remained…

2Cases cited4 opinions

  1. Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
  2. Jackson v. Van DusenNew York Supreme Court · 1809
  3. Scott v. LloydSupreme Court of the United States · 1838
  4. Lewis v. LewisNew York Supreme Court · 1852

3Cited by19 opinions

  1. In re Kathan's WillNew York Surrogate's Court · 1913
  2. In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
  3. Herbert v. BerrierIndiana Supreme Court · 1881
  4. In re the Probate of a Paper Propounded, as the Last Will & Testament of SchofieldNew York Surrogate's Court · 1911
  5. In re Proving the Last Will & Testament of FrancisNew York Surrogate's Court · 1911

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