Lyon v. Smith
New York Supreme Court
This was an appeal from the decision of the county judge of Tioga county, establishing the validity of a paper propounded as the last will and testament of Benjamin Smith, deceased. The facts will .be found sufficiently stated in the opinion of the court. The cause was argued by
1Opinion of the Court
By the Court,
Shankland, J.
The two important questions arising in this case are, First. Whether the three subscribing witnesses to the will propounded, or any two of them, were requested to subscribe as such, by the testator; and second, whether it was necessary that such witnesses should subscribe in the actual or constructive presence of the testator, in order to satisfy the statute.
These questions have beén ably discussed by the respective counsel, and all the authorities bearing on the questions, cited and examined. The facts bearing on the first question are, that Boardman,, one of the…
2Cases cited1 opinion
- Henry & Emott v. BishopNew York Supreme Court · 1829
3Cited by6 opinions
- In re the Estate of HeaneyNew York Surrogate's Court · 1973
- In re Jones' WillNew York Surrogate's Court · 1890
- Neugent v. NeugentNew York Surrogate's Court · 1876
- Mandeville v. ParkerNew Jersey Superior Court Appellate Division · 1879
- In re Boardman's WillNew York Surrogate's Court · 1891
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