In re Proving the Last Will & Testament of Foley
New York Surrogate's Court
Proceeding upon the probate of a will.
1Opinion of the Court
Fowler, S.
The contest over the probate in this matter turns upon a single fact. After the will had been read over to her and the testatrix had affixed her mark to the paper propounded, but before the attesting witnesses had subsigned it, one of the attesting witnesses, who was also the lawyer who had prepared the testamentary paper for execution, filled up some blanks in the testimonium clause of the testamentary paper, at the same time writing about the mark of testatrix her name, thus “Annie F. Foley X her mark.” The blanks filled by the lawyer after the act of subscription of the will by…
2Cases cited13 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- In re Proving the Last Will & Testament of GibsonAppellate Division of the Supreme Court of the State of New York · 1908
- Burger v. HillNew York Surrogate's Court · 1850
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3Cited by6 opinions
- Harley v. WilliamsMontana Supreme Court · 1915
- In Re Wah-Kon-Tah-He-Um-Pah's EstateSupreme Court of Oklahoma · 1924
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
- In re Proving the Last Will & Testament of MartinNew York Surrogate's Court · 1913
- In re the Probate of the Will of GoettelNew York Surrogate's Court · 1944
1 more not listed; retrieve them via the Exa API.