Legal Opinion

In re Proving the Will of Stockwell

New York Surrogate's Court

Decided May 15, 1896PublishedCited by 7 opinions

Probate of will.

1Opinion of the Court

Glass, S.

The only question in this proceeding is whether or not there was a sufficient acknowledgment by the testatrix of her subscription to the instrument offered for probate as her will.

The statute requires either that the subscription shall be made by the dictator in the presence of each of the subscribing wit*63nesses or that it shall be acknowledged by him to have been so made to each of the attesting witnesses.

Neither of the subscribing witnesses saw the testatrix subscribe her name to the paper nor did the testatrix by any spoken word acknowledge to either of the witnesses that she had…

2Cases cited6 opinions

  1. Baskin v. . BaskinNew York Court of Appeals · 1867
  2. Mitchell v. . MitchellNew York Court of Appeals · 1879
  3. In Re to Revoke the Probate of the Will of PhillipsNew York Court of Appeals · 1885
  4. In Re Proving the Last Will & Testament of HigginsNew York Court of Appeals · 1884
  5. In re the Will of LangNew York Surrogate's Court · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. In re Proving the Last Will & Testament of BassettNew York Surrogate's Court · 1914
  2. In re Proving the Last Will & Testament of Van BenschotenNew York Surrogate's Court · 1918
  3. In re Carll's WillNew York Surrogate's Court · 1902
  4. In re the Probate of the Paper Propounded as the Last Will & Testament of GabelNew York Surrogate's Court · 1902
  5. In re the Probate of the Will of PulvermacherAppellate Division of the Supreme Court of the State of New York · 1952

2 more not listed; retrieve them via the Exa API.

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