Baskin v. . Baskin
New York Court of Appeals
Appeal from a judgment of the Supreme Court, reversing the decree of the surrogate of Yates county, rejecting the will of William Baskin, deceased. The will was executed on the 1st of December, 1865, and the testator died about five weeks afterward, being then eighty-nine years of age. He had made a previous will, about thirteen years before, which he had deposited in the hands of Nathan Raplee, who was named in it as one of the executors.
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Appeal from a judgment of the Supreme Court, reversing the decree of the surrogate of Yates county, rejecting the will of William Baskin, deceased. The will was executed on the 1st of December, 1865, and the testator died about five weeks afterward, being then eighty-nine years of age. He had made a previous will, about thirteen years before, which he had deposited in the hands of Nathan Raplee, who was named in it as one of the executors. Two or three years before his death, he sent for Hr. Raplee, who brought this will with him; and on its being read to the testator, he said it was all…
1Opinion of the CourtPouter, J.
The mere statement of the facts is decisive of the issue. The will was prepared in the presence of. the testator, and under his immediate direction. It received his approval, clause by clause. The whole instrument was then read to him, and he subsci’ibed it in the presence of the draftsman, who, at his request, signed it as an attesting witness. The other witness, Mr. Wilsey, was called in from an adjoining apartment, and the testator told him he wished him to sign the will. The instrument was then on the stand at his bedside, where he had just before subscribed it. Mr. Wilsey saw that his…
2Cases cited2 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Rutherford v. RutherfordCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by52 opinions
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Gilbert v. . KnoxNew York Court of Appeals · 1873
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- In Re Bragg's EstateMontana Supreme Court · 1938
- In Re Estate of AbbeyCalifornia Supreme Court · 1920
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