In re Nash's Will
Appellate Division of the Supreme Court of the State of New York
Appeal from surrogate’s court, Essex county. In the matter of proving the last will and testament of Harriet C. Nash, deceased. From a decree admitting the will to probate, Hat-tic J. Green appeals.
1Opinion of the CourtSmith, J.
The sole objection to the probate of the will in suit is to the proof of its execution. The only witnesses offered by either party were the two subscribing witnesses to the will. The evidence of these witnesses fails to show due conformity on the part of Harriet Nash to the requirements of the statute necessary to constitute a valid will. The learned surrogate, however, has admitted the will tc probate. solely upon the faith of the attestation clause which precedes the signatures of the alleged witnesses. It has been held in numerous cases that, where the witnesses fail to recollect the…
2Cited by2 opinions
- Ross v. TaylorSouth Dakota Supreme Court · 1917
- In re Nash's WillAppellate Division of the Supreme Court of the State of New York · 1902