Lewis v. . Lewis
New York Court of Appeals
Appeal from the judgment of the supreme court of the second district. In ¡November, 1850, an instrument' dated February 2d, 1849, was propounded to .the surrogate of the county of Kings, as the last will and testament of Thomas Lewis. It purported to devise and bequeath all his real and personal estate to his wife, Clarissa C. Lewis. Joseph B. Lewis and others, the heirs of the deceased, opposed the probate.
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Appeal from the judgment of the supreme court of the second district. In ¡November, 1850, an instrument' dated February 2d, 1849, was propounded to .the surrogate of the county of Kings, as the last will and testament of Thomas Lewis. It purported to devise and bequeath all his real and personal estate to his wife, Clarissa C. Lewis. Joseph B. Lewis and others, the heirs of the deceased, opposed the probate. The name of the deceased was signed to the alleged will in his proper handwriting; it purported to have been witnessed by two subscribing witnesses; ttached to the will and above the…
1Opinion of the CourtW. F. Allen, J.
The legislature have made four things essential to the proper execution and attestation of a will, and a want of conformity to any of the requisites will invalidate the instrument as a testament. They are, 1. A subscription by the testator at the end of the will; 2. The making of such subscription in the presence of each of the attesting witnesses, or an acknowledgment of the making of the same to them ; 3. A declaration by the testator, at the time of making or acknowledging the subscription, .that the instrument so subscribed is his last will and testament; and 4. Two attesting witnesses…
2Cases cited4 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- Rutherford v. RutherfordCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by63 opinions
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In re the Estate of CollinsNew York Court of Appeals · 1983
- In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
- Matter of Will of John KellumNew York Court of Appeals · 1873
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