Hewitt v. Hewitt
New York Surrogate's Court
Application for the probate of a will, by Thomas Hewitt, a legatee therein named; opposed by Minnie Hewitt, widow of decedent. The document propounded was a coarse piece of brown paper, of irregular shape and jagged edges, about ten inches long and seven broad, written partly with a blue, and partly with a black, pencil, claimed to be in the handwriting of the decedent, and reading thus: “ I, Edw.
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Application for the probate of a will, by Thomas Hewitt, a legatee therein named; opposed by Minnie Hewitt, widow of decedent. The document propounded was a coarse piece of brown paper, of irregular shape and jagged edges, about ten inches long and seven broad, written partly with a blue, and partly with a black, pencil, claimed to be in the handwriting of the decedent, and reading thus: “ I, Edw. Hewitt bequest to my Brother Thomas M of all Patents, the other half to go to my two children Jessie and Harry Hewitt, to” (the foregoing in blue pencil, the rest in black, as follows:) “be held in…
1Opinion of the Court
The Surrogate.
As there is no question of the identity of the instrument propounded, I am of the opinion that, if there is a fatal defect, patent upon the paper, which cannot be cured by averment or proof, the court is not required to enter upon a formal proof of the instrument, but shoúld reject it at once; otherwise an instrument without witnesses, or with but one, or which had not been subscribed by the decedent, might engage the valuable time of the court, in order to enable the parties to prove what is patent upon the face of the instrument.
This brings me to the inquiry whether the fourth…
2Cases cited6 opinions
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Lewis v. . LewisNew York Court of Appeals · 1854
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Baskin v. . BaskinNew York Court of Appeals · 1867
- Gilbert v. . KnoxNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re Proving the Last Will & Testament of FoleyNew York Surrogate's Court · 1912
- In re CaseNew York Surrogate's Court · 1885
- In re the Probate of the Last Will of NiesNew York Surrogate's Court · 1887