Williamson v. Williamson
New York Surrogate's Court
This was a proceeding for tne probate of the last will and testament of George W. Williamson, deceased. The will appeared to have been executed on the 24th day of July, 1866, in duplicate, one of the two originals being in the handwriting of the testator, he having been a lawyer. It was witnessed by Cornelius E. Sutton, Isaac Fryer, and George J. Greenfield.
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This was a proceeding for tne probate of the last will and testament of George W. Williamson, deceased. The will appeared to have been executed on the 24th day of July, 1866, in duplicate, one of the two originals being in the handwriting of the testator, he having been a lawyer. It was witnessed by Cornelius E. Sutton, Isaac Fryer, and George J. Greenfield. The witnesses subscribed their names as such, only at the close of the attestation clause, and not at the foot of the will, at the left of the testator’s signature. The witnesses Sutton and Fryer, were shown to be dead, and their…
1Opinion of the Court
The Surrogate.
The learned counsel for the contestant in this matter interposes two objections to the probate oi the will in question.
1st. That the subscribing witnesses have not signed their names as such, at the end of the will, but at the end of the attestation clause, and he cites several authorities, among others, Jackson v. Jackson (39 N. Y., 159), to show that the attestation clause is no part of the will, and therefore that the witnesses should have signed their names opposite that of the testator, and if the attestation clause were added, the witnesses should have subscribed it also.
Wh…
2Cases cited5 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Orser v. . OrserNew York Court of Appeals · 1861
- Butler v. BensonNew York Supreme Court · 1847
- McDonough v. LoughlinNew York Supreme Court · 1855
- Wood v. MerrittNew York Court of Common Pleas · 1873
3Cited by4 opinions
- In re BeckAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Probate of the Last Will and Testament of CoganNew York Surrogate's Court · 1917
- Egan v. PeaseNew York Surrogate's Court · 1886
- In re of Proving the Last Will & Testament of DaygerNew York Surrogate's Court · 1887