In re Proving the Last Will & Testament of Simpson
New York Surrogate's Court
This was an application for the probate of the last will and testament of James Simpson, deceased. The testator died at the city of Newburgh, on the 14th day of March, 1870, having previously executed the paper now offered for probate as and for his last will and testament. He subscribed the paper by making his mark, thus : u James x Simpson, L. S.’’ Henry 0. Millspaugh and Cornelius Maher were the two subscribing witnesses.
Read the full summary
This was an application for the probate of the last will and testament of James Simpson, deceased. The testator died at the city of Newburgh, on the 14th day of March, 1870, having previously executed the paper now offered for probate as and for his last will and testament. He subscribed the paper by making his mark, thus : u James x Simpson, L. S.’’ Henry 0. Millspaugh and Cornelius Maher were the two subscribing witnesses. Hugh Grant, James Grant and Bridget Simpson were also present at the execution of the paper by the deceased. Cornelius Maher, one of the subscribing witnesses, was now…
1Opinion of the Court
The Surrogate.
Having noticed the case, the matter of Walsh, before Surrogate Tucker, of the county of Hew York, (Tucker’s Reports, 132), I have given this matter some little examination.
In the case above referred to, no one was present at the execution of the will except the testator and the two witnesses. The testator made his mark, and one of the witnesses was deceased. The Surrogate uses, in his opinion, this language:—“But the making of a mark has its inconveniences, as the present case demonstrates. A will subscribed by a mark, instead of by handwriting, cannot be proven at all, if one…
2Cases cited4 opinions
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Peebles v. CaseNew York Surrogate's Court · 1852
3Cited by6 opinions
- Jones v. RobertsWisconsin Supreme Court · 1897
- In re a Paper Propounded for Probate as the Last Will & Testament of KlinznerNew York Surrogate's Court · 1911
- In re the probate of the will of PhelpsNew York Surrogate's Court · 1889
- In re the Probate of the Will KaneNew York Surrogate's Court · 1890
- Worden v. Van GiesonNew York Surrogate's Court · 1887
1 more not listed; retrieve them via the Exa API.