Legal Opinion

In re the Probate of the Alleged Last Will & Testament of Noon

New York Surrogate's Court

Decided May 15, 1900PublishedCited by 8 opinions

Proceedings upon probate of a will.

1Opinion of the Court

Thomas, S.

The decedent was about sixty years of age and had been a school teacher. The paper propounded for probate was entirely in her own handwriting and was produced by her on the evening of its execution, when she and the subscribing witnesses had met for the purpose of playing whist. At that time there were blank spaces in the final or testimonium clause for the date of execution and there was also a blank space in the attestation clause for the name of the testatrix, so that it then read: “ Subscribed by-the testatrix,” etc. The decedent announced that she desired to execute the paper…

2Cases cited2 opinions

  1. Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
  2. In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900

3Cited by8 opinions

  1. Gardner v. BalboniSupreme Court of Connecticut · 1991
  2. In re Proving the Last Will & Testament of Van TuylNew York Surrogate's Court · 1917
  3. Hood v. StateNew York Court of Claims · 1920
  4. Tonneson v. TonnesonCalifornia Court of Appeal · 1947
  5. In re Letters of Administration of the Goods, Chattels & Credits of RudolphNew York Surrogate's Court · 1916

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