Legal Opinion

In re the Probate of a Paper Writing Purporting to Be the Last Will & Testament of Miller

New York Surrogate's Court

Decided June 15, 1922PublishedCited by 1 opinion

1Opinion of the Court

Slater, S.

The special guardian has raised two objections to the probate of the will. The first relates to its execution in that the will is subscribed in the attestation clause and in consequence is not signed at the end of the entire paper writing; and second, that all necessary parties are not properly before the court.

*5The signature of the testatrix was made as part of the attestation clause in this manner: “ Subscribed by Ida E. Miller, the testatrix named in the foregoing will,” etc. The will is entirely holographic. Following the attestation clause and the signatures of the witnesses,…

2Cases cited8 opinions

  1. In re Blair's WillNew York Supreme Court · 1895
  2. In re Proving the Last Will & Testament of FrancisNew York Surrogate's Court · 1911
  3. In re the Probate of the Alleged Last Will & Testament of NoonNew York Surrogate's Court · 1900
  4. In re Proving the Will of GedneyNew York Surrogate's Court · 1896
  5. In re Proving the Last Will & Testament of SpangAppellate Division of the Supreme Court of the State of New York · 1921

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In re the Estate of FickenNew York Surrogate's Court · 1932

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