Legal Opinion

In re the Will of Johnson

New York Surrogate's Court

Decided February 15, 1894PublishedCited by 7 opinions

Application for the probate of a will.

1Opinion of the Court

Fitzgerald, S.

Objections were filed by the father of decedent to the admission to probate of the paper propounded as his will. The first question that arises affects the validity of its execution. The subscribing witnesses, Hollings and Kelly, prove compliance wdth all the formalities required by the statute except that Hollings does not recollect a declaration by the testator that the paper was his will, or a request for him to sign it as a, witness. He admits, however, that he was requested to sign by the proponent, Mr. 'Drake, who superintended the execution of ■.the paper. It is evident…

2Cases cited3 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. Peck v. . CaryNew York Court of Appeals · 1863
  3. Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839

3Cited by7 opinions

  1. Craite v. MorneauWisconsin Supreme Court · 1921
  2. In re the Will of HalbertNew York Surrogate's Court · 1895
  3. In re the Alleged Will of ConnorNew York Surrogate's Court · 1899
  4. In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
  5. In re the Last Will & Testament of HoffmanNew York Surrogate's Court · 1914

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