Morris v. Kniffin
New York Supreme Court
THIS was an action to recover the possession of a farm situate in the town of Liberty, Sullivan county, containing about 100 acres; and also to recover the rents and profits.
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THIS was an action to recover the possession of a farm situate in the town of Liberty, Sullivan county, containing about 100 acres; and also to recover the rents and profits. The plaintiffs claimed to own and to be entitled to the possession of the premises as heirs at law of James Morris, who, it was admitted by all parties, died seised of the lands in controversy, in April, 1859. The action was originally commenced against the defendant and Mary Morris, widow of James Morris, deceased. Mrs. Morris died in December,. 1860, and by order of the court the action was continued against the…
1Opinion of the CourtHogeboom, J.
I do not regard it as an insuperable objection to the valid execution of a will that one of the subscribing witnesses makes Ms mark, instead of writing Ms name. It is still a signing of his name, or subscription, *340I think, within the meaning of the statute in regard to the . execution of wills. (2 R. S. 63.) It has heen so decided to be:in regard to the execution by the testator, (Chaffee v. Baptist Miss. Conv., 10 Paige, 85; Keeney v. Whitmarsh, 16 Barb. 141;) and the reason of the rule applies equally to the case of subscribing witnesses. Indeed, as to the latter, a mark has been held to be…
2Cases cited9 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Hoysradt v. . KingmanNew York Court of Appeals · 1860
- Jackson ex dem. Le Grange v. Le GrangeNew York Supreme Court · 1822
- Meehan v. RourkeNew York Surrogate's Court · 1853
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3Cited by6 opinions
- Gillis v. GillisSupreme Court of Georgia · 1895
- Scott v. SeaverWisconsin Supreme Court · 1881
- Barnard v. HeydrickNew York Supreme Court · 1866
- In re the Probate of the Last Will & Testament & the Codicil Thereto of McDonoughAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of MackNew York Surrogate's Court · 1963
1 more not listed; retrieve them via the Exa API.