In re Proving the Last Will & Testament of Gibson
Appellate Division of the Supreme Court of the State of New York
Appeal by Joseph Gibson and another, executors and legatees, etc., and others, from a decree of the Surrogate’s Court of the county of Otsego, entered in said Surrogate’s Court on the 18th day of June, 1908, refusing to admit to probate a paper purporting to be the last will and testament of Martha Gibson, deceased. The paper purporting to be the will of Martha Gibson, deceased,' is in form as follows: • ...
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Appeal by Joseph Gibson and another, executors and legatees, etc., and others, from a decree of the Surrogate’s Court of the county of Otsego, entered in said Surrogate’s Court on the 18th day of June, 1908, refusing to admit to probate a paper purporting to be the last will and testament of Martha Gibson, deceased. The paper purporting to be the will of Martha Gibson, deceased,' is in form as follows: • ... To the probate of this paper certain of the next of kin objected, upon the ground, among others, that it was invalid as a will, because not signed by the testatrix at the end thereof.…
1Opinion of the Court
Smith, P. J.:
Courts are not looking for pretexts to destroy wills. A disposition of property by a testator with a disposing mind is presumed to be just and equitable. Such disposition will be upheld by the courts unless it is in contravention of some statute. The Statute of Wills* is a wise statute, and all instruments drawn as wills will be tested by its provisions, and condemned where they are obnoxious,. either to its letter or its spirit. In the will in question the 8th paragraph is concluded by a marginal insertion. • There is neither a statute nor a decision of a court which holds…
2Cases cited5 opinions
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- Younger v. . DuffieNew York Court of Appeals · 1884
- Reed v. EvansOhio Supreme Court · 1848
- Ward v. PutnamCourt of Appeals of Kentucky · 1905
3Cited by16 opinions
- In re Proving the Last Will & Testament of FrancisNew York Surrogate's Court · 1911
- In re the Estate of ScheckNew York Surrogate's Court · 1939
- In re the Estate of DraskeNew York Surrogate's Court · 1936
- In re HealeyAppellate Division of the Supreme Court of the State of New York · 1923
- In re Proving the Last Will & Testament of FoleyNew York Surrogate's Court · 1912
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