In Re Proving the Last Will & Testament of Conway
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order ■made October 23, 1890, which affirmed a decree of the surrogate of Wyoming county, admitting to probate the will of James Conway, deceased. The will was written upon a printed form consisting of a half sheet about the size of a half sheet of legal cap.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order ■made October 23, 1890, which affirmed a decree of the surrogate of Wyoming county, admitting to probate the will of James Conway, deceased. The will was written upon a printed form consisting of a half sheet about the size of a half sheet of legal cap. The form from the beginning of the will to the end of the attestation clause was wholly upon one side of the half sheet. On the back of the sheet was an indorsement “ Will ” with a blank between ruled lines for the name of. the…
1Opinion of the CourtParker, J.
We think the probate of the instrument should have been denied, on the ground that there was not such a subscription and signing by the testator and witnesses at the “ end of the will ” as is required by our statute. (2 R. S. 63, § 40.) The aim of the statute is to prevent fraud. To surround testamentary dispositions with such safeguards as will protect them from alteration. The provision “is a wholesome one and was adopted to remedy real or threatened evils. It should not be frittered away by exceptions. While its provisions should not be carried beyond the policy of the framers of it, that…
2Cases cited8 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- Caulfield v. . SullivanNew York Court of Appeals · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
- Albright v. NorthCalifornia Supreme Court · 1905
- In Re the Probate of the Alleged Will of WhitneyNew York Court of Appeals · 1897
- In re Blair's WillNew York Supreme Court · 1895
35 more not listed; retrieve them via the Exa API.