In re the Probate of the Last Will & Testament of Cornell
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant; Emma Dóncourt, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surirogate’s Court on the 31st day of October, 1902, admitting to probate the will of Benjamin L. Cornell, deceased.
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Appeal by the contestant; Emma Dóncourt, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surirogate’s Court on the 31st day of October, 1902, admitting to probate the will of Benjamin L. Cornell, deceased. The attestation clause at the end of the 2d codicil attached to the will of the testator reads as follows: “ Signed, sealed, published and •declared by the said testator Benjamin L. Cornell to be a Codicil to his last Will and Testament and we thereupon at his request and in his presence and in the presence of each other have signed our names ■as witnesses…
1Opinion of the Court
Jenks, J.:
To say the least, there is much force in the criticism that the attestation clause is not full enough, though an argument contra may be made upon the word “thereupon.” But an attestation ■clause is not essential. Disregarding it as not explicit, I am of ■opinion that the learned surrogate did not err in decreeing probate.
The contestant offered no evidence. Hone was called save the two subscribing witnesses and the attorney who prepared the codicil and attended upon its execution. The subscription of the testator appears at the end of the will. The three witnesses agree that the…
2Cases cited6 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Orser v. . OrserNew York Court of Appeals · 1861
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Jauncey v. ThorneNew York Court of Chancery · 1846
- Lane v. . LaneNew York Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Probate of the Will of MengeNew York Surrogate's Court · 1895
- In re the Probate of Last Will & Testament of EldredAppellate Division of the Supreme Court of the State of New York · 1905
- Estate of Fleishman, Superior Court of California, County of San Francisco1892
- In re the Probate of the Codicil to the Will of NicholsonNew York Surrogate's Court · 1948