Legal Opinion

In re Rowe's Will

New York Surrogate's Court

Decided June 14, 1916PublishedCited by 2 opinions

Application to probate the last will and testament of Harry J. Rowe. Decree for probate.

1Opinion of the Court

FOWLER, S.

This proceeding for probate is resisted pro forma by the special guardian, alleging that the paper propounded is not signed at the end thereof, as required by the existing statute of wills. That the testamentary script is otherwise executed in conformity with the statute of wills is conceded. So we have animus testandi postulated. In other words, this testator intended to make his will and to die testate. This being so, is it possible to carry out his intention? The case is a very close one, perhaps doubtful. If the last part of the fifth clause, and all of the sixth clause, which…

2Cases cited1 opinion

  1. In re Proving the Last Will & Testament of PeiserNew York Surrogate's Court · 1913

3Cited by2 opinions

  1. In re the Estate of McConiheNew York Surrogate's Court · 1924
  2. In re the Estate of MurphyNew York Surrogate's Court · 1936

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