In re the Will of Hyland
New York Surrogate's Court
Application, for the probate of a will.
1Opinion of the Court
Ransom, S.
The decedent signed his will by a mark. On the face of the paper it was properly attested by two subscribing witnesses, whose signatures follow tbe recitals in a full attestation clause. One of them, Metz, has. since died. Lawler, tbe surviving witness, testifies to all tbe facts necessary to' show tbe proper execution of tbe instrument. The provisions of tbe Revised Statutes and of tbe Code, in respect to tbe execution of wills, are substantially alike. 3 Rev. St. (6th ed.), p. 59, sec. 11; Code: Civ. Pro. sec. 2620. Tbe language of tbe Oode is:
“ If all tbe subscribing witnesses,…
2Cases cited5 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Brown v. . ClarkNew York Court of Appeals · 1879
- Jackson v. . JacksonNew York Court of Appeals · 1868
- In re Proving the Last Will & Testament of SimpsonNew York Surrogate's Court · 1870
- In re the probate of the will of PhelpsNew York Surrogate's Court · 1889