Tonnele v. . Hall
New York Court of Appeals
The will of John Tonnele, deceased, was offered for probate before the surrogate of the city and county of Hew-York, and was contested on the ground, among others, that it was not executed according to the provisions of the revised statutes. The surrogate overruled the objections and admitted the instrument to probate. The contestants or some of them appealed to the supreme court, where the decree of the surrogate was affirmed. An appeal was then taken to'this court.
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The will of John Tonnele, deceased, was offered for probate before the surrogate of the city and county of Hew-York, and was contested on the ground, among others, that it was not executed according to the provisions of the revised statutes. The surrogate overruled the objections and admitted the instrument to probate. The contestants or some of them appealed to the supreme court, where the decree of the surrogate was affirmed. An appeal was then taken to'this court. The facts are stated in the opinion of Jewett, J.
1Opinion of the CourtJewett, J.
The only question argued or made on this appeal is, whether the instrument offered for proof to the surro gate of the city and county of Hew-York, and by him ad- [141] mitted to probate, as the last will and testament of John Tonnele, deceased, is executed by the decedent in the manner that a last will and testament is required by law to be executed, to render it valid as such.
It is required by 2 R. S. p. 63, § 40, “ that every last will and testament of 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…
2Cited by44 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- Lerch v. Missoula Brick & Tile Co.Montana Supreme Court · 1912
- Howard v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1888
- De Camp v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1897
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