Jackson ex dem. Le Grange v. Le Grange
New York Supreme Court
EJECTMENT tried at the Albany circuit, on the 12th of ^Pr>-h 1821, before the Chief Justice. At the trial, to supPor*: ^e plaintiff’s title, the counsel offered a will of Amie Grange, dated the 28th of January, 1796, To prove the execution of the will, the plaintiff’s counsel called John v 1 Jv.
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EJECTMENT tried at the Albany circuit, on the 12th of ^Pr>-h 1821, before the Chief Justice. At the trial, to supPor*: ^e plaintiff’s title, the counsel offered a will of Amie Grange, dated the 28th of January, 1796, To prove the execution of the will, the plaintiff’s counsel called John v 1 Jv. Quackenbush, one of the subscribing witnesses to the will, who testified, that his name subscribed was his proper handwriting; and that he knew the handwriting of Jere£cmsivg} another subscribing witness, who was dead. That he never knew the testator, nor did he know that he had ever seen him; that he…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. I am of opinion, that the will was not well proved. Quackenbush merely proved his own signature, as a witness to the execution of the will. He had lost all recollection of the facts and circumstances attending its execution. He never knew the testator, nor had he, to his recollection, seen him before that time. ' 1 consider it well settled, that on a .trial at law, where the execution of a will comes in question, the party supporting, or claiming under it, is not under the necessity of calling more than one of the subscribing witnesses, if he…
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- Harris v. . HarrisNew York Court of Appeals · 1863
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