Legal Opinion

In re the Estate of Fox

New York Surrogate's Court

Decided February 28, 1941PublishedCited by 2 opinions

1Opinion of the Court

Wingate, S.

The facts of the present proceeding are sufficiently unusual to render them worthy of note despite the fact that no contest has been interposed to the probate of the propounded instrument.

*956The document is on a printed form and purports to have been executed on August 25, 1906. On the line customarily used for the signature of the testator there appears an ordinary cross-mark. Below this is an attestation clause in customary form which, among other things, recites that the testatrix, Mary Fox, “ subscribed her name to this instrument by making her mark in our presence,” etc. Below…

2Cases cited13 opinions

  1. Jackson v. . JacksonNew York Court of Appeals · 1868
  2. In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894
  3. In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
  4. In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
  5. In Re the Probate of Will of SizerNew York Court of Appeals · 1909

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3Cited by2 opinions

  1. In re the Probate of the Will of ThompsonNew York Surrogate's Court · 1947
  2. McKee v. BuckNorth Dakota Supreme Court · 1942

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