In re Proving the Last Will & Testament of Fults
Appellate Division of the Supreme Court of the State of New York
* Appeal by Frederick L. Sant way, executor, etc., of Michael Fults, deceased, from a decree of the Surrogate’s Court of Jefferson county, entered in said Surrogate’s Court on the 6th day of January,' 1899, denying probate to the proposed will of Michael Fults, deceased.
1Opinion of the Court
Adams, j.:
Upon facts which are undisputed, the sole question which this case presents for our consideration is whether the instrument offered for probate and purporting to be the last will/ and. testament of Michael Fults, deceased, was executed by the testator in conformity to the requirements of the statute (2 R. S. [9th ed.] 1877, § 40).
The instrument in question is drawn in part upon a printed blank consisting of one page only and the names of the testator and subscribing witnesses ajopear at the end thereof. After the usual formal preface, which is partly printed and partly written,…
2Cases cited4 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- In Re the Probate of the Alleged Will of WhitneyNew York Court of Appeals · 1897
3Cited by5 opinions
- In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
- In re Probate of the Last Will & Testament of AndrewsAppellate Division of the Supreme Court of the State of New York · 1899
- In re Boardman's WillNew York Surrogate's Court · 1891
- In re GriffinNew York Supreme Court · 1907
- In re the Probate of the Last Will & Testament of FieldAppellate Division of the Supreme Court of the State of New York · 1911