Legal Opinion

In re Potter's Will

New York Surrogate's Court

Decided October 28, 1890PublishedCited by 5 opinions

Proceedings for the probate of the will of Ann Elizabeth Potter, deceased. 4 Rev. St. N. Y. (8th Ed.) p. 2547, § 40, prescribes the mode in which wills shall be executed and attested as„follows: “Every last will and testament of real or personal property, or both, shall be executed and attested in the following manner: (1) It shall be subscribed by the testator at the end of the will.

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Proceedings for the probate of the will of Ann Elizabeth Potter, deceased. 4 Rev. St. N. Y. (8th Ed.) p. 2547, § 40, prescribes the mode in which wills shall be executed and attested as„follows: “Every last will and testament of real or personal property, or both, shall be executed and attested in the following manner: (1) It shall be subscribed by the testator at the end of the will. (2) Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so made, to each of the attesting witnesses. (3) The…

1Opinion of the Court

Spring, S.

The testatrix prepared the will herself and signed it in the absence of the attesting witnesses, but acknowledged the signature to be her own, and made the usual declaration that it was her will. The two subscribing witnesses were not present together when this acknowledgment was made, and they did not sign in the presence of each other, but this is not necessary. Hoysradt v. Kingman, 22 N. Y. 372; Willis v. Mott, 36 N. Y. 486-497; Lyman v. Phillips, 3 Dem. Sur. 459-467.

There are several interlineations and erasures in the instrument, but an inspection of it shows plainly that all…

2Cases cited4 opinions

  1. Lovell v. . QuitmanNew York Court of Appeals · 1882
  2. Hoysradt v. . KingmanNew York Court of Appeals · 1860
  3. Willis v. . MottNew York Court of Appeals · 1867
  4. Lyman v. PhillipsNew York Surrogate's Court · 1883

3Cited by5 opinions

  1. In Re Woodburn's EstateMontana Supreme Court · 1954
  2. In re Carver's WillNew York Surrogate's Court · 1893
  3. In re Proving the Last Will & Testament of EastonNew York Surrogate's Court · 1914
  4. Estate of Fleishman, Superior Court of California, County of San Francisco1892
  5. In re the Estate of TierNew York Surrogate's Court · 2004

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