In re the Probate of the Last Will & Testament of Abercrombie
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Elizabeth M. Stewart and others, from a decree of the Surrogate’s Court of the county of Monroe, entered in said Surrogate’s Court on the 3d day of March, 1897, admitting to probate the alleged last will and testament of Elizabeth Jane Abercrombie, deceased.
1Opinion of the Court
Adams, J.:
The question presented by this appeal relates to the sufficiency of the execution of the instrument presented for probate, and more especially to the formality of its publication.
There is little or no controversy as to the facts, but it appears that, while the decedent had undoubtedly subscribed the paper purporting to be her will, she did not do so in the presence of either of the attesting witnesses. Both of these witnesses testify that the decedent declared the paper to be her last will, and one of them also states that she. said she had signed it, but neither of them claims, nor…
2Cases cited7 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Lewis v. . LewisNew York Court of Appeals · 1854
- Gilbert v. . KnoxNew York Court of Appeals · 1873
- Mitchell v. . MitchellNew York Court of Appeals · 1879
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3Cited by7 opinions
- Ross v. TaylorSouth Dakota Supreme Court · 1917
- In re the Probate of the Last Will & Testament of RedwayAppellate Division of the Supreme Court of the State of New York · 1933
- Johnson v. SwensonSouth Dakota Supreme Court · 1930
- In re Proving the Last Will & Testament of FoleyNew York Surrogate's Court · 1912
- In re the Estate of DawleyNew York Surrogate's Court · 1933
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