Torry v. Bowen
New York Supreme Court
Appeal from a decree of the surrogate of the county of Seneca. The facts of the case sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court, Johnson, J.
The surrogate held that the proof, before him, did not show the will offered for probate to have been executed and attested in the manner prescribed by statute. It does not appear from the decree in what particular the surrogate held the execution and attestation to have been defective. It is claimed here, by the respondent’s counsel, that it was not properly published and declared by the testator to be his last will and testament, at the time of making his subscription, in the presence of the witnesses.
It is agreed, and so are the cases, that this declaration need…
2Cases cited4 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Rutherford v. RutherfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Whitbeck v. PattersonNew York Supreme Court · 1851
3Cited by6 opinions
- Simmons v. SimmonsNew York Supreme Court · 1857
- Morris v. KniffinNew York Supreme Court · 1861
- Nipper v. GroesbeckNew York Supreme Court · 1856
- In re the Probate of the Will of PulvermacherAppellate Division of the Supreme Court of the State of New York · 1952
- Van Hooser v. Van HooserNew York Surrogate's Court · 1861
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