Wilson v. Hetterick

The Surrogate.

The probate of the will of the decedent is opposed, on the ground of insufficient proof of formal execution, pursuant to the provisions of the statute.

The decedent signed the will in the presence of the subscribing witnesses, and they, subscribed in his presence and at his request. Neither of the witnesses proves any testamentary declaration.

The decedent was in bed, sick. He sent for the witnesses. They came. He took the instrument from under his pillow, and said he had “ an instrument in writing ” he wanted them to witness. He took the paper from an *428envelope, opened it, handed…