Legal Opinion

In re the Probate of the Will of Chadwick

New York Surrogate's Court

Decided August 15, 1957Published

1Opinion of the Court

George A. Brenner, S.

In this nncontested probate proceeding, the evidence adduced at the hearing established that the instruments propounded as the last will of decedent were executed in triplicate. Although such instruments contain a common form of attestation clause, the testimony established that the manner of execution did not comply in all respects with the recitals of such attestation clause in that the decedent did not sign in the presence of any of the subscribing witnesses and none of the subscribing witnesses signed in the physical presence of any other.

Execution occurred in the…

2Cases cited3 opinions

  1. Crossman v. . CrossmanNew York Court of Appeals · 1884
  2. In re SheldonAppellate Division of the Supreme Court of the State of New York · 1913
  3. Herrick v. SnyderNew York Supreme Court · 1899

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