In Re the Probate of a Paper Alleged to Be the Last Will and Testament of Booth
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 22, 1890, which reversed a decree of the Surrogate’s Court of the county of Mew York, and directed said. -Surrogate’s Court to annul and revoke the probate of a paper alleged to be the last will and testament of Cecilia L. Booth, deceased; also appeal from order of the same date, which denied a motion for a new trial of a question of fact tried by a…
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 22, 1890, which reversed a decree of the Surrogate’s Court of the county of Mew York, and directed said. -Surrogate’s Court to annul and revoke the probate of a paper alleged to be the last will and testament of Cecilia L. Booth, deceased; also appeal from order of the same date, which denied a motion for a new trial of a question of fact tried by a jury, as hereinafter stated. On the 16th of June, 1884, Cecilia L. Booth, a resident of the state of Mew Jersey, and the…
1Opinion of the Court
Follett, Ch. J.
At common law, if a person wrote his name in the body of a will or contract with intent to execute it in that manner, the signature so written was as valid as though subscribed at the end of the instrument. (Merritt v. Clason, 12 John. 102; S. C., sub nom. Clason v. Bailey, 14 id. 484; People v. Murray, 5 Hill, 468 ; Caton v. Caton, 2 H. L. 127; 2 Kent’s Com. 511; 1 Dart’s V. P. [6th ed.] 270 ; 1 Jar. Wills [Big.’s ed.] 79.)
We shall assume, without deciding, that under the laws of 27ew Jersey a will may be legally executed if the name of the testator is written by him in the…
2Cases cited2 opinions
- Merritt v. ClasonNew York Supreme Court · 1815
- In Re Proving the Last Will & Testament of HigginsNew York Court of Appeals · 1884
3Cited by18 opinions
- Gardner v. BalboniSupreme Court of Connecticut · 1991
- Meads v. EarleMassachusetts Supreme Judicial Court · 1910
- In re Proving the Last Will & Testament of KeeffeAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Probate of the Last Will & Testament & the Codicil Thereto of McDonoughAppellate Division of the Supreme Court of the State of New York · 1922
- Stone v. HoldenMichigan Supreme Court · 1922
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