Nelson v. McGiffert
New York Court of Chancery
This case came before the chancellor upon an appeal from the decision of the circuit judge of the third circuit, made upon an appeal to him from the sentence and decree of the surrogate of the county of Columbia, establishing an instrument propounded as the last will and testament of James Nelson, deceased, as a valid will of the real and personal estate of the decedent. The will was made in July, 1832, when the testator was between seventy and eighty years of age.
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This case came before the chancellor upon an appeal from the decision of the circuit judge of the third circuit, made upon an appeal to him from the sentence and decree of the surrogate of the county of Columbia, establishing an instrument propounded as the last will and testament of James Nelson, deceased, as a valid will of the real and personal estate of the decedent. The will was made in July, 1832, when the testator was between seventy and eighty years of age. And it was propounded for probate in October, 1840, a few weeks after the testator’s death, by his son-in-law,' J. McGiffert, one…
1Opinion of the Court
The Chancellor.
The execution of the will of July, 1832, was sufficiently proved, to entitle it to be recorded as a valid will Of "real and personal estate. It is true, the subscribing witnesses, after the lapse of eight years, did not all recollect whether they attested the execution of the will at the request of the testator, or at the request of McGiffert, the son-in-law, who was present at the same time. And one of them had a vague impression that it Was McGiffert that requested them tb subscribe the will as witnesses. One of the attesting witnesses, however, swore positively that they all…
2Cited by40 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Estate of PattersonCalifornia Supreme Court · 1909
- Gillis v. GillisSupreme Court of Georgia · 1895
- Bundy v. McKnightIndiana Supreme Court · 1874
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
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