Legal Opinion

In re the Probate of the Last Will & Testament of Field

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

Decided May 19, 1911Published

Appeal by the American Society for Psychical Research, legatee, from "a decree of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 25th day of July,' 1910,, and also from an order entered on the 1st day of August, 1910, granting letters of administration on the estate of the decedent.

1Opinion of the Court

Carr, J. :. This'is an appeal from a decree of the . Surrogate’s Court of Kings county, refusing probate of .an alleged' last will and testament of Warren B. Field, deceased. The ground of refusal of probate is the form in which the instrument is expressed, which was held not tó constitute a compliance with .the provision of statute that a will must he signed by the testator “ at the end ” thereof. (See Decedent Estate Law [Consol. Laws, chap. 13 ; Laws of 1909, chap. 18], § 21.) The decedent being in poor health decided to have his will drawn by his attorney, but to meet the contingency of…

2Cases cited4 opinions

  1. In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
  2. In Re the Probate of the Alleged Will of WhitneyNew York Court of Appeals · 1897
  3. In re Probate of the Last Will & Testament of AndrewsAppellate Division of the Supreme Court of the State of New York · 1899
  4. In re Proving the Last Will & Testament of FultsAppellate Division of the Supreme Court of the State of New York · 1899

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