Legal Opinion

In re the Probate of the Will Kane

New York Surrogate's Court

Decided March 15, 1890PublishedCited by 3 opinions

Application for the probate of the will of Sarah Kane, deceased. The facts appear in the opinion of the Surrogate.

1Opinion of the Court

The Surrogate.

The only questions raised by the contestants relate to the proper execution of the will. It is well settled that to entitle a will to be admitted *250to probate, the statute must be fully complied with, and while courts have differed as to the interpretation, construction and application of the statute, they have agreed that the formalities and requisites thereof must be observed. The difficult question usually is, as to whether or not the facts bring the case within a substantial compliance with the statutory requisites.

Every last will and testament must be executed and attested in…

2Cases cited14 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. Brown v. . ClarkNew York Court of Appeals · 1879
  3. Jackson v. . JacksonNew York Court of Appeals · 1868
  4. Coffin v. . CoffinNew York Court of Appeals · 1861
  5. In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888

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3Cited by3 opinions

  1. In re Wilson's WillNew York Supreme Court · 1894
  2. In re Proving the Last Will & Testament of WalkerNew York Surrogate's Court · 1910
  3. Estate of Fleishman, Superior Court of California, County of San Francisco1892

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