Lawrence v. Norton
New York Supreme Court
THIS appeal is taken from a decree of the surrogate of Hew York, refusing to admit to probate a will of Abraham E. Lawrence, as not sufficiently proven, and granting administration to persons claiming to be his heirs at law. The will proposed for probate was dated 9th December, 1839, and was executed in the presence of three witnesses, having the usual attestation clause.
Read the full summary
THIS appeal is taken from a decree of the surrogate of Hew York, refusing to admit to probate a will of Abraham E. Lawrence, as not sufficiently proven, and granting administration to persons claiming to be his heirs at law. The will proposed for probate was dated 9th December, 1839, and was executed in the presence of three witnesses, having the usual attestation clause. The testator’s name was signed to each page of the will and at the end of it. • Upon the hearing before the surrogate, it appeared that two witnesses were dead, one having died in 1845, and' one in 1855. The handwriting of…
1Opinion of the Court
By the Court, Ingraham, J.
The main question in this case properly before us is, whether the paper propounded for probate, was sufficiently proved to admit the same to probate. The death of two of the witnesses and the utter forgetfulness by the surviving witness of. the execution of the paper by the deceased, makes it impossible to prove the direct execution. The parties then proved the handwriting of all the witnesses., *450the signature of the deceased to the different pages and at the end, and the whole body of the paper with the attestation clause to be entirely in the handwriting of Abraham…
2Cases cited7 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Orser v. . OrserNew York Court of Appeals · 1861
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Allen v. GriffinWisconsin Supreme Court · 1887
- Rider v. LeggNew York Supreme Court · 1868
- In re the Probate of the Will of OliverNew York Surrogate's Court · 1895
- Walsh v. WalshNew York Surrogate's Court · 1879
- In re the Estate of WrightNew York Surrogate's Court · 1884