In Re the Probate of the Last Will & Testament of Laudy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of April, 1894, which reversed a decree of the Surrogate’s Court of the county of New York refusing probate to the alleged last will and testament of Kate L. Laudy, deceased, and directed the Surrogate’s Court to admit such will to probate.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of April, 1894, which reversed a decree of the Surrogate’s Court of the county of New York refusing probate to the alleged last will and testament of Kate L. Laudy, deceased, and directed the Surrogate’s Court to admit such will to probate. This proceeding was commenced by the petition of Louis H. Laudy to have the instrument in question, in which he was named as executor, admitted to probate as the will of Kate L. Laudy, deceaséd. The instrument…
1Opinion of the CourtHaight, J.
The instrument m question was witnessed by Dr. William Henry Porter and Mrs. Cornelia N. Edwards, who signed the attesting clause thereof on the 9th day of April, 1891, at the request of the testatrix. The surrogate, however, found as facts:
“V. That said instrument was not subscribed by said Laudy in the presence of either said Porter or said Edwards.
“VI. That the signature and name of said Laudy to said instrument was not read by or to, nor was it seen by or visible to either of the said witnesses when they signed said instrument as witnesses to said instrument, nor at any time during the…
2Cases cited3 opinions
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- Mitchell v. . MitchellNew York Court of Appeals · 1879
3Cited by23 opinions
- Nunn v. EhlertMassachusetts Supreme Judicial Court · 1914
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1900
- Wood v. DavisSupreme Court of Georgia · 1926
- In re Proving the Last Will & Testament of KeeffeAppellate Division of the Supreme Court of the State of New York · 1913
- Townsend v. . BellNew York Court of Appeals · 1901
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