Gamble v. Gamble
New York Supreme Court
THIS was an appeal from an order of the county judge of Livingston county, acting as surrogate, admitting the will of David Gamble to probate.
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THIS was an appeal from an order of the county judge of Livingston county, acting as surrogate, admitting the will of David Gamble to probate. The will was executed in June, 1859, and the testator died September, 11, 1860. The will contained the following attestation clause, signed by the two subscribing witnesses: “The above instrument, consisting of one sheet, was now here subscribed by David Gamble, the testator, in the presence of each of us, and was at the same time declared by him to be his .last will and testament, and we at his request sign our names -thereto as witnesses." The…
1Opinion of the Court
*379 By the Court,
Welles, J.
It is objected on the part of the appellant, that the will of David Gamble was not executed according to the statute. The subscribing witnesses were Philip Woodruff and Michael Kelley. The former died after the will was executed, and before the death of the testator. Kelley was sworn and examined as a witness before the surrogate, and testified that he saw the testator sign the will. That he executed it in the presence of the witness. That the testator took up the will before he signed it and turned to Woodruff and called him by name, and then turned to the witness and…
2Cases cited2 opinions
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Doe v. RoeNew York Supreme Court · 1848
3Cited by5 opinions
- Bundy v. McKnightIndiana Supreme Court · 1874
- In re the probate of the last will & testament of SimpsonNew York Surrogate's Court · 1878
- Gardiner v. RainesNew York Surrogate's Court · 1884
- In re of Proving the Last Will & Testament of DaygerNew York Surrogate's Court · 1887
- In re proving the Last Will &c., of SmithNew York Surrogate's Court · 1870