In re the Probate of the Last Will & Testament of McKay
New York Court of Appeals
Appeal from a judgment of the supreme court, general term, third department, affirming a decree of the surrogate’s court refusing to admit to probate a paper purporting to be the will of James McKay, deceased. The facts are sufficiently stated in the opinion.
1Opinion of the CourtEarl, J.
subscribing witnesses came to the dwelling house of the deceased by previous appointment and while seated at his writing desk he said to them, “gentlemen what I sent for you for was to sign my last will and testament.” Thereupon he took from his writing desk the instrument offered for probate, and laying it before the witnesses said; it is now all ready awaiting your signatures.” He then presented the instrument to the witness. McCarrier for his signature and he signed it, saying as he did so, “I am glad Father McKay you are making your will at this time; I don’t suppose it will shorten your…
2Cases cited2 opinions
- Mitchell v. . MitchellNew York Court of Appeals · 1879
- Willis v. . MottNew York Court of Appeals · 1867
3Cited by2 opinions
- In re the Probate of the Will of De HaasAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Probate of the Will of De HaasAppellate Division of the Supreme Court of the State of New York · 1896