In Re the Probate of Will of Gibson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 8, 1909, which reversed a decree of the Otsego County Surrogate’s Court refusing to admit to probate an instrument propounded as the will of Martha Gibson, deceased, and directed that the proceeding be “ remitted to the Surrogate’s Court of the county of Oswego.”
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 8, 1909, which reversed a decree of the Otsego County Surrogate’s Court refusing to admit to probate an instrument propounded as the will of Martha Gibson, deceased, and directed that the proceeding be “ remitted to the Surrogate’s Court of the county of Oswego.” Also motion to dismiss the appeal herein on the ground that the order appealed from is not one finally determining a special proceeding. The notice of appeal to this court contains a stipulation by the appellants…
1Opinion of the CourtWillard Bartlett, J.
This case presents an interesting question on the merits in regard to which the surrogate of the county of Otsego has differed from the Appellate Division of the Supreme Court in the third department. That question is whether a paper propounded as a will can be considered as having been subscribed by the testator at the end thereof where a portion of the writing extends along the margin of the paper to a point below the signature. The surrogate held that such a paper was not subscribed in conformity with the statute so as to entitle it to admission to probate as a will, while the learned…
2Cases cited5 opinions
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- In Re the Probate of the Alleged Will of WhitneyNew York Court of Appeals · 1897
- Roe v. . BoyleNew York Court of Appeals · 1880
- Matter of WilcoxNew York Court of Appeals · 1892
3Cited by9 opinions
- In Re the Estate of SchoenewergNew York Court of Appeals · 1938
- In re the Estate of DraskeNew York Surrogate's Court · 1936
- Hornblower & Weeks v. SherwoodNew York Court of Appeals · 1954
- In re the Estate of YoungNew York Surrogate's Court · 1962
- Matter of Reger v. O'RyanNew York Court of Appeals · 1934
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