In re Carll's Will
New York Surrogate's Court
In the matter of the probate of the last will of George Carll. Probate decreed.
1Opinion of the Court
PETTY, S.
The papers propounded as will and codicil are holographic, and have attestation clauses in the usual form, both of which are signed by the same witnesses. The contestants, next of kin, claim a failure to comply with the statute as to execution, and the testimony of the subscribing witnesses is to that effect. Their testimony as to both papers is in substance that the deceased neither signed in their presence nor exhibited to them his signature. Their failure to see the signatures of the deceased is attributed to the manner in which the papers were folded, as each testifies that they…
2Cases cited8 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Coffin v. . CoffinNew York Court of Appeals · 1861
- In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
- Lane v. . LaneNew York Court of Appeals · 1884
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3Cited by2 opinions
- In re the Probate of the Will of BrownNew York Surrogate's Court · 1957
- Estate of Fleishman, Superior Court of California, County of San Francisco1892