Legal Opinion

In re the Proceedings for Probate of the Last Will & Testament of Briggs

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 10 opinions

Appeal by Frank Briggs, one of the heirs at law of George W. M. Briggs, deoeased, from a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 4th day of May, 1899, admitting to probate an instrument purporting to be the last will and testament of George.W. M-. Briggs, deceased.

1Opinion of the Court

Rumsey, J.:

The only question presented is whether upon the uncontradicted evidence it was proper for the. surrogate to decree the probate of this will, which was made in 1863. All of it excepting the signatures of the subscribing witnesses was in the handwriting of the testator, and that as well as the handwriting of the signatures of each of the subscribing witnesses was satisfactorily proven without dispute. It. appeared that each of the witnesses was .dead. It was shó\yn that they were friends of the testator, who saw him daily, with whom his relations were intimate, and who lived near…

2Cases cited5 opinions

  1. Jackson, ex dem. Kellogg v. VickoryNew York Supreme Court · 1828
  2. Harris v. . HarrisNew York Court of Appeals · 1863
  3. Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1810
  4. Cheeney v. ArnoldNew York Supreme Court · 1854
  5. Upton v. BernsteinNew York Supreme Court · 1894

3Cited by10 opinions

  1. In re the Probate of the Last Will & Testament of AbelAppellate Division of the Supreme Court of the State of New York · 1910
  2. In re the Probate of the Will of FoleyNew York Surrogate's Court · 1907
  3. In re Proving the Last Will & Testament of EyettNew York Surrogate's Court · 1925
  4. In re ElleryAppellate Division of the Supreme Court of the State of New York · 1910
  5. In re the Contested Probate of the Last Will & Testament of SniffinNew York Surrogate's Court · 1920

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