Remsen v. Brinckerhoff
New York Supreme Court
PPEAL from Chancery. The question in this case arose upon an application to admit to probate a will made since the adoption of the Revised Statutes.
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PPEAL from Chancery. The question in this case arose upon an application to admit to probate a will made since the adoption of the Revised Statutes. Dorothea Brinckerhoff made her will, dated 25th February, 1834. It was signed by her in the presence of two witnesses- The attestation clause to which the witnesses subscribed their names is in these words: Ci The writing contained on this one sheet of paper was on the day of the date thereof, subscribed at the end thereof and sealed by the above named Dorothea Brinckerhoff, in the presence of each of us; and the said Dorothea Brinckerhoff at the…
1Opinion of the Court
*330After advisement the following opinions were delivered :
By the Chief Justice.
The question involved in this cage jg sjmply as to what constitutes a legal execution of a will, under the provisions of our Revised Statutes. It is a question of first impression, and it is of great importance that it should be early and finally settled.
The weight of authority in England, as abundantly shewn by the cases, very ably reviewed by the Chancellor, and by other's that might have been referred to, 1 Phill. Ed. 50; 2 Stark. Ev. 920, is, that under the 29 Car, II, c. 3, § 5, (of which our old statute…
2Cases cited1 opinion
- Jackson, ex dem. Kellogg v. VickoryNew York Supreme Court · 1828
3Cited by63 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Lewis v. . LewisNew York Court of Appeals · 1854
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Gilbert v. . KnoxNew York Court of Appeals · 1873
- In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
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