Legal Opinion

In re Proving the Last Will & Testament of Truelsen

New York Surrogate's Court

Decided July 11, 1927Published

1Opinion of the Court

Schulz, S.

The proceeding was to probate the alleged lost will of the decedent. I am satisfied that the witnesses who testified were truthful, and the provisions of the document, as also the fact that it was in existence at the time of the testator's death, have been clearly and distinctly proved by two credible witnesses and other evidence, and hence it might be admitted as Ms last will and testament if its execution was established. (Surrogate’s Court Act, § 143.)

I am convinced that the decedent subscribed the document and that the witnesses signed the same at the end thereof. The instrument…

2Cases cited10 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
  3. In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
  4. In re Proving the Last Will & Testament of KingNew York Surrogate's Court · 1915
  5. In re the Probate of the Last Will & Testament & the Codicil Thereto of McDonoughAppellate Division of the Supreme Court of the State of New York · 1922

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