In re Reynolds
New York Surrogate's Court
Dennis Kelley, an executor named in a paper propounded by him, purporting to be a will of the decedent, after proving the due execution thereof by one of the subscribing witnesses, and the handwriting of the only other subscribing witness, who was shown to be dead, asked to have the same admitted to probate. The testator’s name was written by the deceased witness, and the will was subscribed by Reynolds, by making a cross mark.
1Opinion of the Court
The Surrogate.
On the proof offered, probate must be denied. Section 2618 ®f the Code declares that " before a written will is admitted to probate, *69two, at least, of the subscribing witnesses must be produced and examined, if so many are within the State, and competent and able to testify.” Then, § 2620 provides that “.....if a subscribing witness whose testimony is required is dead.....the will may nevertheless be established upon proof of the handwriting of the testator, and of the subscribing witness, and also of such other circumstances as would be sufficient to prove the will upon the…
2Cited by4 opinions
- In re Sullivan's WillMichigan Supreme Court · 1897
- In re Wilson's WillNew York Supreme Court · 1894
- In re Hyland's WillNew York Surrogate's Court · 1892
- Corcoran v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1911