In Re the Probate of the Alleged Will of Whitney
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 8, 1895, which reversed a decree of the Surrogate’s Court of Monroe county refusing to admit to probate the alleged will of James E. Whitney, deceased. The facts, so far as material, are stated in the opinion. The instrument is not subscribed by the deceased at the end thereof.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 8, 1895, which reversed a decree of the Surrogate’s Court of Monroe county refusing to admit to probate the alleged will of James E. Whitney, deceased. The facts, so far as material, are stated in the opinion. The instrument is not subscribed by the deceased at the end thereof. (R. S. [8th ed.] ch. 6, art. 3, § 40; In re O'Neil, 91 N. Y. 516; In re Conway, 124 N. Y. 455 ; In re Hewitt, 91 N. Y. 261; Sisters of Charity v. Kelly, 67 N. Y. 409; Sweetland v. Sweetland, 4 S. & T. 6;…
1Opinion of the CourtBartlett, J.
This appeal presents the question whether the paper writing alleged to be the last will and testament of James E. Whitney, deceased, was subscribed by the testator at the end thereof, as the statute requires. (2 R. S. 63, § 40.) The Surrogate’s Court of Monroe county held that it was not, and the learned General Term lias reversed the decree. •
The facts in the case are undisputed. The will is drawn upon a printed blank, covering only one page, and the testator and subscribing witnesses signed at the foot thereof.
The subdivisions of the will, marked respectively “ First ” and u Second,” fill…
2Cases cited4 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- In Re the Probate of the Last Will & Testament of HewittNew York Court of Appeals · 1883
3Cited by29 opinions
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- Noyes v. GerardMontana Supreme Court · 1910
- In Re the Probate of the Will of FieldNew York Court of Appeals · 1912
- Albright v. NorthCalifornia Supreme Court · 1905
- Bayreuther v. ReinischAppellate Division of the Supreme Court of the State of New York · 1942
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