Legal Opinion
In re Proving the Will of Van Houten
New York Surrogate's Court
Decided December 15, 1895PublishedCited by 2 opinions
Probate of will.
1Opinion of the Court
Tompkins, S.
George Van Houten died, at the age of about eighty-four years, on the 15th day of August; 1895.
On the 7th day of May, 1895, he executed the will now offered' for probate. On the 29th of May, 1895, the paper propounded as a codicil to the will purports to have been executed. No objection is made to the will, but the probate of the codicil is objected to on the ground that it was not executed in conformity with the statute.
The contestant alleges: Eirst, that it has not been shown that the alleged codicil was subscribed by the testator in the presence of the attesting witnesses;…
2Cases cited4 opinions
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- Woolley v. . WoolleyNew York Court of Appeals · 1884
- In re Simmons' WillNew York Supreme Court · 1890
3Cited by2 opinions
- McWilliams v. Central Trust Co.Ohio Court of Appeals · 1935
- Roosa, Exr. v. WickwardOhio Court of Appeals · 1950