Legal Opinion

In re proving the last will & testament of Rosenthal

New York Surrogate's Court

Decided May 15, 1917PublishedCited by 11 opinions

Proceeding upon the probate of a will.

1Opinion of the Court

Fowler, S.

This particular probate proceeding presents an exceptional question. The testator is of course dead, or the proceeding would not lie. Testator’s signature is established. The two witnesses are dead and their signatures have been identified and sworn to in due form. This instrument propounded bears no clause of attestation. What is the legal presumption under the circumstances in a court of probate as to the regularity of execution, i. e., its compliance with the Statute of Wills ? Is there any? There seems to be no express adjudication in this state on this point. At least none has…

2Cases cited5 opinions

  1. In re the Probate of the Last Will & Testament of AbelAppellate Division of the Supreme Court of the State of New York · 1910
  2. In re the Probate of the Will of OliverNew York Surrogate's Court · 1895
  3. In re the Probate of the Last Will & Testament of AbelNew York Surrogate's Court · 1909
  4. In re ElleryAppellate Division of the Supreme Court of the State of New York · 1910
  5. Price v. BrownNew York Surrogate's Court · 1850

3Cited by11 opinions

  1. Estate of PitcairnCalifornia Supreme Court · 1936
  2. In Re Dalton EstateMichigan Supreme Court · 1956
  3. In Re Akin's EstateNew Mexico Supreme Court · 1937
  4. In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949
  5. In Re Estate of FarnsworthSouth Dakota Supreme Court · 1970

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