Rieben v. Hicks

The Surrogate.

The single question arising on this probate is,-whether the decedent made a proper and sufficient statutory declaration that the instrument which she signed and the witnesses attested, was her last will and testament. One of the witnesses testified, that she was called into the room, and found Dr. Cheeseman and the decedent there alone; the decedent was sitting up in bed, and the doctor standing by the bed-side. “ Dr. Cheeseman asked her if she acknowledged that to be her last will and testament; she said yes; the paper was then in Dr. Cheeseman’s hands; he had no *354other paper in…