Rutherford v. Rutherford
Court for the Trial of Impeachments and Correction of Errors
Ejectment for lands in St. Lawrence county, tried before Willard, C. Judge, at the circuit for that county, in February, 1844. Richard Rutherford died seized of the premises in question in January, 1843. The plaintiff was one of his children and heirs, and he was also the grantee of two other of his heirs, and he claimed to recover an undivided interest in the premises upon the assumption that the deceased died intestate.
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Ejectment for lands in St. Lawrence county, tried before Willard, C. Judge, at the circuit for that county, in February, 1844. Richard Rutherford died seized of the premises in question in January, 1843. The plaintiff was one of his children and heirs, and he was also the grantee of two other of his heirs, and he claimed to recover an undivided interest in the premises upon the assumption that the deceased died intestate. The defendant is the widow of Richard Rutherford, and . claimed to be entitled to the possession of the premises as a devisee under his will. She produced a paper purporting…
1Opinion of the Court
Pee. Curiam.
The question as to the execution of this will depends upon the validity of the attestation of one of the witnesses. The statute requires that both should subscribe the will at the request of the testator. Henry swears that the testator *36personally requested J. H. Rutherford to sign the will, but the latter declares that the testator said nothing whatever to him. The plaintiff offered to show by another person that when the will was attested the testator was silent. Perhaps the jury might have found, had there been no difficulty respecting the other requisites to the due execution…
2Cited by20 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Lewis v. . LewisNew York Court of Appeals · 1854
- Baskin v. . BaskinNew York Court of Appeals · 1867
- Bundy v. McKnightIndiana Supreme Court · 1874
- Thompson v. DavitteSupreme Court of Georgia · 1877
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