Legal Opinion
In re Look
New York Supreme Court
Decided October 19, 1889PublishedCited by 4 opinions
Appeal from surrogate’s court, Chautauqua county.
1Opinion of the CourtDwight, J.
The only requirement of the statute which the appellants contend was not complied with in the execution and attestation of this will is that of the acknowledgment of the subscription of the testatrix to both of the attesting witnesses. 2 Rev. St. p. 63, § 40. The will was subscribed by the testatrix in the presence of one of the attesting witnesses, was declared by the testatrix in presence of both witnesses to be her last will and testament, and the two witnesses subscribed it as such, at her request. We think the case is fairly within the authority of the decision in Re Higgins, 94 N. Y.…
2Cases cited5 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- Baskin v. . BaskinNew York Court of Appeals · 1867
- In Re to Revoke the Probate of the Will of PhillipsNew York Court of Appeals · 1885
- In Re Proving the Last Will & Testament of HigginsNew York Court of Appeals · 1884
3Cited by4 opinions
- Domestic & Foreign Missionary Soc. of Protestant Episcopal Church in United States v. GaitherU.S. Circuit Court for the District of Maryland · 1894
- In re Simmons' WillNew York Supreme Court · 1890
- In re Marcial's EstateNew York Surrogate's Court · 1891
- Estate of Fleishman, Superior Court of California, County of San Francisco1892