In re proving the Last Will &c., of Smith

Wm. H. Onderdonk, Surrogate.

Although there has been some conflicting testimony as to whether the testatrix could write, and consequently whether the name subscribed to the will is her signature, yet upon the whole case, as it stands, the facts appear to be proven—

1. That the testatrix subscribed her name at the end of the will.

2. That the subscription was made in the presence of the witnesses.

3. That the question was put to her by Justice Willets, * Mrs. Smith, do you acknowledge this to be your last will V’ and that she replied, Yes I do.” This within the decisions, is a substantial…