Legal Opinion
In re Nussbaum's Estate
New York Surrogate's Court
Decided November 12, 1913PublishedCited by 5 opinions
In the matter of the estate of Bernhardt Nussbaum. Decree of probate.
1Opinion of the Court
FOWLER, S.
In this case, as in Matter of Will of Alida Roe, 143 N. Y. Supp. 999, testator’s publication and request to his attesting wit*444nesses to act was not in the simultaneous presence of both of them, but on separate occasions to each of them. It was therefore essential for proponent to establish in this proceeding that all the statutory requirements were followed by testator in respect of each of the two attesting witnesses. The execution of the paper propounded was, doubtless, very careless and lacking in technical precision. The testimony of one of the witnesses, Mr. J. De Baum, however,…
2Cases cited4 opinions
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Baskin v. . BaskinNew York Court of Appeals · 1867
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1900
- In re a Paper Propounded as the Last Will & Testament of RoeNew York Surrogate's Court · 1913
3Cited by5 opinions
- In Re Bragg's EstateMontana Supreme Court · 1938
- In re Proving the Last Will & Testament of BassettNew York Surrogate's Court · 1914
- In Re SutterlinNew Jersey Superior Court Appellate Division · 1925
- In re the decree of the orphans court for the county of Camden, admitting to probate a certain paper-writing as the last will & testament of SutterlinNew Jersey Superior Court Appellate Division · 1925
- Weaver v. DaemsMontana Supreme Court · 1938