Legal Opinion

In re the Probate of the Last Will & Testament of Hughes

New York Surrogate's Court

Decided November 15, 1908Published

Proceeding upon the probate of a will.

1Opinion of the Court

Ketcham, S.

The paper propounded was duly executed, published and attested. Thereafter, the portions thereof which bore the signatures of the testator and the subscribing witnesses ¡were so torn from the paper that in each instance the signature was almost entirely removed. The instrument was thus mutilated, not by the testator himself, but by another person, by his direction and consent, during his lifetime. The signatures were not torn at the time when the direction was given, nor were they (tom in the presence of the testator. The will remained in the possession of the testator from the…

2Cases cited3 opinions

  1. Timon v. ClaffyNew York Supreme Court · 1865
  2. In re the Probate of a Paper Offered for Probate as the Last Will & Testament of ReiffeldNew York Surrogate's Court · 1901
  3. Early v. EarlyNew York Surrogate's Court · 1882

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