Walsh v. Walsh
New York Surrogate's Court
Objection to the probate of the will of Patrick Walsh. The will propounded was dated 36th November, 1878, witnessed by James J. Butler and John J. Pagan. The latter was an attorney, who died previous to the testator. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.—A careful review of the testimony given in behalf of the proponent will show that the witness, Butler, swore that Coleman requested him to attend to witness decedent’s will; that he went into a room back of Coleman’s store, where Coleman, Pagan, the attorney, and decedent were, when decedent signed the paper propounded, and thereupon witness and Pagan signed as witnesses ; that Pagan asked decedent some questions about the will, but witness could not *166remember what they were; that he had no conversation with decedent, but Coleman and decedent were speaking about the will, and…
2Cases cited4 opinions
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
- Matter of Will of John KellumNew York Court of Appeals · 1873
- Peebles v. CaseNew York Surrogate's Court · 1852
- Lawrence v. NortonNew York Supreme Court · 1866
3Cited by1 opinion
- In re AaronNew York Surrogate's Court · 1887