In re Gilman
New York Supreme Court
A PPEALS by Winthrop W. Gilman and Anna K. Gilman from a decree of the surrogate of the city and county of Hew York, admitting to probate the will of Hathaniel Gilman, deceased, and the codicil thereto.
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A PPEALS by Winthrop W. Gilman and Anna K. Gilman from a decree of the surrogate of the city and county of Hew York, admitting to probate the will of Hathaniel Gilman, deceased, and the codicil thereto. Hathaniel Gilman, the decedent, died December 19th, 1859. The paper admitted to probate as his will bears date April 10th, 1858, and was alleged to have been executed at the city of Hew York, in the presence of William Miles, Samuel Plurley and Alexander 0. Collins, as attesting witnesses. The paper admitted to probate as a codicil to the will bears date the day of the decedent’s death. Both…
1Opinion of the Court
By the Court, Leonard, J.
1. The will in question was well executed. The testator and the witnesses were all in the same room at the moment the attestation was signed. The witnesses all signed substantially in the presence of each other, as well as in the actual presence of the testator, within the meaning of the statute. So far as the witness Miles is concerned the will was actually signed in his presence. Miles, at the request of the testator and in his hearing, requested the two other witnesses, Hurley and Collins, then present in the same room, to witness the will, in these words : “ Mr.…
2Cited by13 opinions
- Albright v. NorthCalifornia Supreme Court · 1905
- Younger v. . DuffieNew York Court of Appeals · 1884
- In re the Will of DeHartNew York Surrogate's Court · 1910
- Owens v. DouglasSupreme Court of Arkansas · 1915
- Spaulding v. GibbonsNew York Surrogate's Court · 1881
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