Legal Opinion
In re Elmer's Will
New York Supreme Court
Decided July 5, 1895PublishedCited by 5 opinions
Appeal from surrogate’s court, Oneida county. Petition for the probate of the will of Orville Elmer, deceased. Probate was denied, and the General Missionary Board of the Free Methodist Church appeals.
1Opinion of the CourtMartin, J.
The only question which seems necessary to be determined on this appeal is whether, under the proof, the alleged will of the decedent was properly and legally executed. The statute relating to the execution of wills of real and personal property provides:
“Every last will and testament oí real or personal property, or both, shall be executed and attested in the following manner: 1. It shall be subscribed by the testator at the end of the will. 2. Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him, to have been so…
2Cases cited5 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Lewis v. . LewisNew York Court of Appeals · 1854
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- Mitchell v. . MitchellNew York Court of Appeals · 1879
- Woolley v. . WoolleyNew York Court of Appeals · 1884
3Cited by5 opinions
- In re the Probate of the Last Will & Testament of TurrellNew York Surrogate's Court · 1899
- Estate of Abel v. HittNevada Supreme Court · 1908
- In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
- In re Boardman's WillNew York Surrogate's Court · 1891
- In re the Probate of the Codicil to the Will of NicholsonNew York Surrogate's Court · 1948