Legal Opinion

Egan v. Pease

New York Surrogate's Court

Decided January 15, 1886Published

Application for the probate of decedent’s will, made by Charles G. Pease, her husband; opposed by her mother Clara M. Egan, and her brother.

1Opinion of the Court

The Surrogate.

There are three subscribing witnesses to the paper propounded as this decedent’s will, Mr. Goodman, Mr. Held and Miss Held. It is not shown, by the testimony of any of these witnesses except the first, that, at the time of execution, the decedent declared the paper to be her will. Both the others swear with considerable positiveness that *302the decedent made no such declaration in their presence, and that they were not at the time aware of the fact that the instrument which they subscribed purported to be a will.

Mr. Goodman, on the other hand, declares that when his fellow…

2Cases cited5 opinions

  1. Matter of Will of John KellumNew York Court of Appeals · 1873
  2. Cane v. WatsonSupreme Court of Iowa · 1840
  3. Williamson v. WilliamsonNew York Surrogate's Court · 1877
  4. Neiheisel v. ToergeNew York Surrogate's Court · 1880
  5. Morris v. PorterNew York Supreme Court · 1876

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