Spaulding v. Gibbons
New York Surrogate's Court
Application, by Rose Gibbons, executrix, for the probate of a will; opposed by Mary Spaulding, a. sister of decedent, and others. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
No testimony was given on the part of the contestants, and the only question that arises on the evidence is as to the proper execution of the will.
The testator was of sound and disposing mind, and the will was drawn to conform to Ms wishes. There is no attestation clause. Michael Devine, one of the attesting witnesses, says that he did not see the testator sign the will; that it was read to the testator in his presence ; that, at the time, the testator said that he had his full senses and understanding, and then the witness was asked to sign it by Mr. Martin, in the presence of…
2Cases cited3 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- In re GilmanNew York Supreme Court · 1862
- Vaughan v. BurfordNew York Surrogate's Court · 1854
3Cited by5 opinions
- In re the Estate of CrillNew York Surrogate's Court · 1924
- In re the Probate of the Will of BedellNew York Surrogate's Court · 1890
- Gardiner v. RainesNew York Surrogate's Court · 1884
- In re Boardman's WillNew York Surrogate's Court · 1891
- In re Proving the Last Will & Testament of CaseNew York Surrogate's Court · 1926