Legal Opinion

In re the estate of Manners

New Jersey Superior Court Appellate Division

Decided May 14, 1907PublishedCited by 6 opinions

On appeal from a decree of the Hunterdon county orphans court.

1Opinion of the Court

Magie, Ordinary.

The appeal is from a decree refusing probate to a paper-writing offered as the last will and testament of Elizabeth Y. Manners. The paper-writing purported to be signed by the testatrix. There was a perfect attestation clause, to which was appended the signatures of two witnesses, and these witnesses were called and testified on the application for probate.

The perfect attestation clause appended to the will was prima facie evidence of due execution. The prima facie effect of such a clause, however, may be overcome by testimony, and even by the testimony of the subscribing…

2Cited by6 opinions

  1. Arnold v. ParryIndiana Court of Appeals · 1977
  2. Bioren v. NeslerSupreme Court of New Jersey · 1910
  3. In Re PetkosNew Jersey Superior Court Appellate Division · 1959
  4. In re the Estate of GorrellEssex County Surrogate's Court · 1941
  5. Bioren v. NeslerNew Jersey Superior Court Appellate Division · 1909

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