Nipper v. Groesbeck
New York Supreme Court
THIS was an appeal by George Nipper, from a decree of the surrogate of the county of Oswego, admitting the will of Mary M. Nipper, deceased, to probate. The material facts appear in the opinion of the court,
1Opinion of the Court
By the Court, Bacon, J.
The requisites to the due execution of a will, in this state, as prescribed by the statute, (2 R. /S'. 124, § 32, 3d ed.) are very familiar, and are in substance, 1st. A subscription by the testator at the end of the will; 2d.' The making or acknowledgment of such subscription in the presence of the attesting witnesses; 3d. A declaration by the testator, at the time of subscription or acknowledgment, that the instrument is his will; and 4th. The signatures of two attesting witnesses, at the testator’s request. It will not be doubted, I think, that all these requisitions…
2Cases cited2 opinions
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Torry v. BowenNew York Supreme Court · 1853
3Cited by2 opinions
- In re StickneyAppellate Division of the Supreme Court of the State of New York · 1898
- Errickson v. FieldsNew Jersey Superior Court Appellate Division · 1879