Brady v. McCrosson
New York Surrogate's Court
Application for the probate of a will. The will offered for probate was written upon a sheet of foolscap paper. All of the disposing parts were written upon a single page, by which decedent made his wife sole devisee and legatee. In it, he named no one as executor. The will was signed by the testator and two witnesses at the foot of the page.
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Application for the probate of a will. The will offered for probate was written upon a sheet of foolscap paper. All of the disposing parts were written upon a single page, by which decedent made his wife sole devisee and legatee. In it, he named no one as executor. The will was signed by the testator and two witnesses at the foot of the page. After the scrivener had drawn the will under decedent’s direction, it was read over to him in the presence of the witnesses ; he pronounced it to be as he wished it, whereupon it was executed and witnessed. After this had been done, and the will was…
1Opinion of the Court
The Surrogate.
The contestant, Mrs. Brady, a daughter of the deceased, objects, first, that the will was not properly executed, inasmuch as McNamara was not, at the time of the execution of the alleged will, requested to sign it as a subscribing witness. I do not regard the objection as of any force. He had been previously requested by the testator to witness his will, to be drawn ; he was present at the time it was prepared, heard it read, heard the other witness requested to sign, and signed himself in the presence of the deceased. This I think a stronger case than that of Coffin v. Coffin…
2Cases cited3 opinions
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Coffin v. . CoffinNew York Court of Appeals · 1861
- M'Guire v. KerrNew York Surrogate's Court · 1853
3Cited by5 opinions
- Stevens v. StevensNew York Surrogate's Court · 1888
- In re CaseNew York Surrogate's Court · 1885
- Baker v. BakerOhio Supreme Court · 1894
- In re the Last Will and Testament of StevensNew York Surrogate's Court · 1888
- In re the Probate of the Last Will of NiesNew York Surrogate's Court · 1887