Legal Opinion

Brinckerhoof v. Remsen

New York Court of Chancery

Decided October 6, 1840PublishedCited by 29 opinions

This was an appeal to the chancellor from the decision and decree of the circuit judge of the first circuit, affirming a sentence or decree of the surrogate of the city and county of New-York, admitting the will, or instrument propounded by the respondents as the last will and testament of Dorothea Brinckerhoof deceased, to probate as a valid will.

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This was an appeal to the chancellor from the decision and decree of the circuit judge of the first circuit, affirming a sentence or decree of the surrogate of the city and county of New-York, admitting the will, or instrument propounded by the respondents as the last will and testament of Dorothea Brinckerhoof deceased, to probate as a valid will. The instrument propounded purported to have been executed by the testatrix in February, 1834, and was witnessed by H. Clark and B, W, Murphy, by subscribing their names, with the addition of their places of residence at the foot of an attestation…

1Opinion of the Court

The Chancellor.

This case presents a new and very important question in relation to the execution and proof of wills under the provisions of the revised statutes. Our former statute on this subject was in substance the same as the 29 Charles 2d, chap. 3, § 5. It declared that every will of lands should be in writing and signed by the party making the same, or by some other person in his presence and by his express direction 5 and should be attested and subscribed, in the presence of such party, by three or more credible witnesses. (1 R. L. of 1813, p. 364, § 2.) As the statute of Charles…

2Cases cited1 opinion

  1. Swett v. BoardmanMassachusetts Supreme Judicial Court · 1804

3Cited by29 opinions

  1. Brown v. . ClarkNew York Court of Appeals · 1879
  2. Lewis v. . LewisNew York Court of Appeals · 1854
  3. Coffin v. . CoffinNew York Court of Appeals · 1861
  4. Gilbert v. . KnoxNew York Court of Appeals · 1873
  5. Bundy v. McKnightIndiana Supreme Court · 1874

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