In Re the Probate of the Last Will & Testament of Andrews
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme. Court in the second judicial department, entered October 6, 1899, affirming a decree of the Surrogate’s Court of the county of Kings refusing to admit to probate the will of Isabella Andrews, deceased. The facts, so far as material, are stated in the opinion. The testatrix and witnesses signed at the end of the will within the meaning of the statute.
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Appeal from an order of the Appellate Division of the Supreme. Court in the second judicial department, entered October 6, 1899, affirming a decree of the Surrogate’s Court of the county of Kings refusing to admit to probate the will of Isabella Andrews, deceased. The facts, so far as material, are stated in the opinion. The testatrix and witnesses signed at the end of the will within the meaning of the statute. (Sisters of Charity v. Kelly, 67 N. Y. 415; Schouler on Wills, § 284; Matter of Eagan, N. Y. L. J., Jan. 19, 1893; Tonnele v. Hall, 4 N. Y. 144; Hitchcock v. Thompson, 6 Hun, 279;…
1Opinion of the CourtBartlett, J.
This ease comes before us under circumstances so unusual that a few words of comment may not be out of place.
The surrogate of Kings county refused probate to the will we are about to consider, on the ground that it was not subscribed at the end thereof, as required by the Statute of Wills. (2 R. S. 63, § 40; 2 Banks’ 9th Edition, p. 1877.) In so doing, he followed the settled law of this court for years, and many well-reasoned English cases, when construing a statute similar to our own. (1 Vict. ch. 26.)
The" learned Appellate Division affirmed the surrogate’s decree with a divided court,…
2Cases cited6 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- In Re the Probate of the Alleged Will of WhitneyNew York Court of Appeals · 1897
- In re Blair's WillNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
- Albright v. NorthCalifornia Supreme Court · 1905
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- In re Proving the Last Will & Testament of MooreAppellate Division of the Supreme Court of the State of New York · 1905
64 more not listed; retrieve them via the Exa API.