Legal Opinion

In re the Probate of the Paper Propounded as the Last Will & Testament of Gabel

New York Surrogate's Court

Decided July 15, 1902PublishedCited by 1 opinion

Probate opposed for insufficiency of execution.

1Opinion of the Court

Petty, S.

The papers propounded as will and codicil are holographic and have attestation clauses in the usual form, both of which are signed by the same witnesses. The contestants, next of kin, claim a failure to comply with the statute as to execution and the testimony of the subscribing witnesses is to that effect. Their testimony as to both papers is in- substance that the deceased neither signed in their presence nor exhibited to them his signature. The failure to see the signatures of the deceased is attributed to the manner in which the papers were folded, as each testifies that they…

2Cases cited8 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. Coffin v. . CoffinNew York Court of Appeals · 1861
  3. In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
  4. In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
  5. In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1900

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3Cited by1 opinion

  1. In re Proving the Last Will & Testament of BassettNew York Surrogate's Court · 1914

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