Reynolds v. Root
New York Supreme Court
APPEAL from a decree of the surrogate of Herkimer county, refusing to' admit to probate the will of Eeu- , ben Eeynolds,- deceased, who died in June, 1860, at the age of 90. The will bore date Dec. 29, 1848. His wife died in March, 1845, leaving six sons and one daughter, all of whom were living at the date of the will.
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APPEAL from a decree of the surrogate of Herkimer county, refusing to' admit to probate the will of Eeu- , ben Eeynolds,- deceased, who died in June, 1860, at the age of 90. The will bore date Dec. 29, 1848. His wife died in March, 1845, leaving six sons and one daughter, all of whom were living at the date of the will. Isaac, one of the sons, was married, in 1838, and from that time lived with his family, in his father’s house,- and occupied the farm, and managed and controlled all his father’s property. By the will, the greater part Of the testator’s property was devised to his son Isaac. A…
1Opinion of the Court
By the Court,
Mullin, J.
I am of the opinion that the decree of the surrogate ought to be reversed, and the case given to a jury.
The evidence, on the part of the proponent, shows a substantial conformity to the provisions of the Bevised Statutes, as to the manner of executing and attesting the execution of the will. It is true, that one of the subscribing witnesses does not recollect that the testator requested either of the witnesses to become a witness, but, on the contrary, thinks what was said on the subject was said by *252one of the other persons in the room. This witness also thinks the…
2Cited by16 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
- Potter v. McAlpineNew York Surrogate's Court · 1885
- In re Bartholick's WillNew York Surrogate's Court · 1889
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