In re the Probate of the Will of Strong
New York Surrogate's Court
Application by Edward Strong, executor, for the probate of the will of Eliza Strong, deceased. • Darius A. Secor was a witness to the will of deceased, and at request of testatrix and in her presence signed his own name as witness, and at the request of his wife, Sarah Secor, who was requested also by testatrix to sign as a witness, but who was incapacitated from writing by reason of a felon on her hand, signed her name also.
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Application by Edward Strong, executor, for the probate of the will of Eliza Strong, deceased. • Darius A. Secor was a witness to the will of deceased, and at request of testatrix and in her presence signed his own name as witness, and at the request of his wife, Sarah Secor, who was requested also by testatrix to sign as a witness, but who was incapacitated from writing by reason of a felon on her hand, signed her name also. After the death of testatrix, Mrs. Secor caused her name as written by her husband to be erased, and she then signed her name in place thereof.
1Opinion of the Court
The Surrogate.
The question as to whether the alleged will was sufficiently executed according to the requirements of our statute on the subject, inasmuch as the names of both witnesses were written solely by one of them, is alone presented for adjudication. In this respect it will be seen that, while the statute requires that the will shall be “ subscribed ” by the testator at the end of the will, it also provides that “ there shall be at least two attesting witnesses, each of whom shall sign his name as a witness at the end of the will at the request of the testator.” Thus there is a change…
2Cases cited3 opinions
- Jackson v. Van DusenNew York Supreme Court · 1809
- Upchurch v. UpchurchCourt of Appeals of Kentucky · 1855
- Horton v. JohnsonSupreme Court of Georgia · 1855
3Cited by4 opinions
- Schnee v. SchneeSupreme Court of Kansas · 1900
- In re the Probate of the Last Will & Testament of AbercrombieAppellate Division of the Supreme Court of the State of New York · 1897
- Ex parte Smythe v. IrickSupreme Court of South Carolina · 1896
- In re the Estate of HumistonNew York Surrogate's Court · 1926