Rumsey v. Goldsmith
New York Surrogate's Court
Petition for the probate of decedent’s will, presented by Rienzi A. Goldsmith, the executor therein named; opposed by Warren G. Rumsey, decedent’s son. The facts are stated in the opinion.
1Opinion of the Court
The Surrogate.
The only question presented for determination, is whether the paper, purporting to be the last will and testament of the deceased, was executed with the formalities required by the statute; and it is conceded that the only one about which there is any question, is whether the testator, not having executed the will in the presence of the attesting witnesses, acknowledged his subscription to each of them. The provisions of the statute are: “ 1st It shall be subscribed by. the testator- at the end of the will; 2d. Such subscription shall be made by the testator in the presence of…
2Cases cited7 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Lewis v. . LewisNew York Court of Appeals · 1854
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Mitchell v. . MitchellNew York Court of Appeals · 1879
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