In re Wilson's Will
New York Supreme Court
Appeal from surrogate’s court, Westchester county. Proceedings for the probate of the will of Alexander F. Wilson, deceased. The application was denied, and petitioner appeals. SGYsrssd
1Opinion of the CourtCullen, J.
This is an appeal from a decree of the surrogate of Westchester county, refusing to admit the will to probate. The will was subscribed by the testator’s mark in the presence of the two attesting witnesses. The attestation clause is full and complete. One of the witnesses has died. The other testified to the proper publication of the will, and that he saw the testator sign his mark thereto. The surrogate refused probate on the .ground that the making of the mark by the testator must be proved by another and additional witness, following his own previous ruling in Re Reynolds’ Will, 4 Dem. Sur.…
2Cases cited5 opinions
- In re ReynoldsNew York Surrogate's Court · 1886
- In re the probate of the will of PhelpsNew York Surrogate's Court · 1889
- In re Hyland's WillNew York Surrogate's Court · 1892
- In re the Probate of the Will KaneNew York Surrogate's Court · 1890
- In re DockstaderNew York Surrogate's Court · 1888
3Cited by5 opinions
- In re the Estate of RomaniwNew York Surrogate's Court · 1937
- In re Probate of the Will of MurphyNew York Surrogate's Court · 1895
- In re the Estate of FoxNew York Surrogate's Court · 1941
- In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
- Corcoran v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1911