Legal Opinion

In re Boardman's Will

New York Surrogate's Court

Decided December 29, 1891PublishedCited by 4 opinions

Proceeding for the probate of the will of Levi W. Boardman, deceased. Will admitted to probate, and certain provisions construed.

1Opinion of the Court

Spring, S.

The testator sent for the subscribing witnesses to come to his house in the night, to witness the execution of his will. It had been previously drawn, and he personally supervised its execution. He was explicit in his declaration that it was his will, and in his request to them to subscribe it as witnesses. One of the witnesses is explicit in testifying testator signed the will in their presence, while the other has no definite recollection, but an *61impression it was not signed by the testator in their presence, and that he did not observe his signature. Ten years have elapsed since…

2Cases cited4 opinions

  1. Read v. . WilliamsNew York Court of Appeals · 1891
  2. In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
  3. Wood v. VandenburghNew York Court of Chancery · 1837
  4. Pfaler v. RabergNew York Surrogate's Court · 1885

3Cited by4 opinions

  1. In re the Estate of YoungNew York Surrogate's Court · 1915
  2. In re the Probate of the Last Will & Testament of TurkNew York Surrogate's Court · 1927
  3. American Security & Trust Co. v. Unknown Heirs at Law & Next of Kin of SpencerCourt of Appeals for the D.C. Circuit · 1936
  4. In re the Estate of CollinsNew York Surrogate's Court · 1936

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