In re the Probate of the Will of Kirkpatrick
New Jersey Superior Court Appellate Division
The will in this case was produced for probate by John Chetwood, esquire, in presence of the President of Rutgers College, the residuary legatee in the will. There was no caveat against the will, nor any disputo about its execution or validity. None of the next of kin of the testatrix intervened in any way.
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The will in this case was produced for probate by John Chetwood, esquire, in presence of the President of Rutgers College, the residuary legatee in the will. There was no caveat against the will, nor any disputo about its execution or validity. None of the next of kin of the testatrix intervened in any way. There were petitions presented by most of the specific legatees, that John Chetwood, osquiro, who had been tlie counsel and the confidential adviser of the testatrix, should be appointed administrator, with the will annexed. Ilis father, John J. Chetwood, the sole executor named in the…
1Opinion of the Court
The Ordinary.
The first question presented, is upon the probate of the will. The subscribing witnesses are both dead. But their signatures to the attesting clause are fully proved, and are evidence of the facts recited in that clause; that she signed, published, and declared that paper as and for her last will and testament in their presence, and that they signed their names to it in her presence; although it does not recite that, they were both present at the same time at the signing, yet there being but one signature of the testatrix, the fact that both saw her sign shows the presence of…
2Cited by5 opinions
- In Re JohnsonNew Jersey Superior Court Appellate Division · 1934
- In Re Estate of WatsonSupreme Court of New Jersey · 1961
- In Re Estate of SaengerNew Jersey Superior Court Appellate Division · 1975
- In Re AmsdenNew Jersey Superior Court Appellate Division · 1936
- Ziegler v. SutphinNew Jersey Superior Court Appellate Division · 1948