Orser v. . Orser
New York Court of Appeals
Appeal from the Supreme Court. The surrogate of Westchester county admitted to probate a paper purporting to be the last will of Edward Orser. Upon appeal from the decree of the surrogate to the Supreme Court, issues were framed and sent for trial by jury, to the Westchester Circuit. There'was an attestation to the will, stating all the particulars requisite to its valid execution and publication, and subscribed by two witnesses.
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Appeal from the Supreme Court. The surrogate of Westchester county admitted to probate a paper purporting to be the last will of Edward Orser. Upon appeal from the decree of the surrogate to the Supreme Court, issues were framed and sent for trial by jury, to the Westchester Circuit. There'was an attestation to the will, stating all the particulars requisite to its valid execution and publication, and subscribed by two witnesses. One of them, Charles Yoe, had died before the trial, and his signature was proved. The body of the instrument was shown to be in the handwriting of this witness. It…
1Opinion of the CourtSelden, J.
The result of the authorities upon the probate of wills is, that the question of the due execution of a will is to be determined, like any other fact, in view of all the legitimate evidence in the case; and that no controlling effect is to be given to the testimony of the subscribing witnesses. Their direct participation in the transaction must, of course, give great weight to their testimony; but it is liable to be rebutted by other- "evidence, either direct or circumstantial. A will, duly attested upon its face, the signatures to which are all genuine, may be admitted to probate, although…
2Cases cited1 opinion
- Jauncey v. ThorneNew York Court of Chancery · 1846
3Cited by50 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Peck v. . CaryNew York Court of Appeals · 1863
- In re the Estate of CollinsNew York Court of Appeals · 1983
- In re the Estate of ShapterSupreme Court of Colorado · 1906
- Miller v. BushMontana Supreme Court · 1908
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