Jauncey v. Thorne
New York Court of Chancery
This was an appeal from a decision of the circuit judge of the first circuit, aifirming the sentence and decree of the surrogate of the city and comity of New-York, -admitting the will of William Jauncey, deceased, to probate, as a valid will of real estate, and allowing it to be recorded.
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This was an appeal from a decision of the circuit judge of the first circuit, aifirming the sentence and decree of the surrogate of the city and comity of New-York, -admitting the will of William Jauncey, deceased, to probate, as a valid will of real estate, and allowing it to be recorded. The will bore date in May, 1825, and was propounded for probate, as a will of real estate, under the provisions of the revised statutes, in 1835. The testator’s name and seal were affixed to the same, at the end thereof, and the will was attested by three witnesses, whose names were written at the end of…
1Opinion of the Court
The Chancellor.
The will in this case was made, and the testator died, previous to the revised statutes; but the will was proved before the surrogate, after the first of January, 1830, and before -the passage of the act of May, 1837, concerning the proof of wills, &c. (Laws of 1837, p. 524.) The formalities requisite to the due execution of the will, therefore, •were those which were required by the second section of the act of March 5th, 1813, concerning wills. (1 R. L. of 1813, p. 364.) But the mode of proof must be that which was prescribed by the provisions of the revised statutes which…
2Cases cited4 opinions
- Jackson v. Van DusenNew York Supreme Court · 1809
- Jackson ex dem. Le Grange v. Le GrangeNew York Supreme Court · 1822
- Burwell v. CorbinSupreme Court of Virginia · 1822
- Gwinn v. RadfordCourt of Appeals of Kentucky · 1822
3Cited by37 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Orser v. . OrserNew York Court of Appeals · 1861
- Gillis v. GillisSupreme Court of Georgia · 1895
- Hall v. FisherNew York Supreme Court · 1849
- Hoysradt v. . KingmanNew York Court of Appeals · 1860
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