In Re to Revoke the Probate of the Will of Phillips
New York Court of Appeals
Ajtpeal from judgment of me General Term of the Supreme Oourt, in the fourth judicial department, entered upon an order made June 17, 1884, which affirmed an order of the surrogate of the county of Onondaga denying an application to revoke the probate of the will of Lewis S. Phillips, deceased. The facts, so far as material, are stated in the opinion.
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Ajtpeal from judgment of me General Term of the Supreme Oourt, in the fourth judicial department, entered upon an order made June 17, 1884, which affirmed an order of the surrogate of the county of Onondaga denying an application to revoke the probate of the will of Lewis S. Phillips, deceased. The facts, so far as material, are stated in the opinion. To make a valid will, the statute requires it shall be signed at the end by the testator in the presence of each of the attesting witnesses, or acknowledged by the testator to have been so signed to each of them, and a the time of the making…
1Opinion of the CourtBatallo, J.
The will in question in this case was a very brief and simple instrument, drawn wholly in the testator’s own hand, and, including the signatures of the testator and the witnesses, was contained on a single page, so that the signature of the testator was necessarily éxposed plainly to the subscribing witnesses, whose signatures were immediately below that of the testator. There, was no attestation clause, but on the left side of the page, and below where the testator’s signature was written, was a space evidently intended for the signatures of the witnesses, inclosed in a bracket, opposite the…
2Cited by30 opinions
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- McLaughlin v. McLaughlinSupreme Court of Missouri · 1910
- In re the Will of LangNew York Surrogate's Court · 1894
- In Re Estate of AbbeyCalifornia Supreme Court · 1920
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