Legal Opinion

In re the Probate of the Last Will & Testament of Phillips

New York Surrogate's Court

Decided April 15, 1901PublishedCited by 1 opinion

Proceedings upon probate of a will.

1Opinion of the Court

Thomas, S.

— The paper offered for probate was subscribed by tlie decedent, at the end thereof, in the presence of each of the attesting witnesses; at the time of making the subscription he declared the instrument to be his last will and testament; there were two attesting witnesses, and each of them subscribed his name at the end of the will, at the request of the decedent. This is 'all that the statute requires. 2 E. S'. 63, § 40. The attesting witnesses affixed their signatures in a room adjacent to that in which the decedent was lying, and the witnesses do not agree as to whether the…

2Cases cited3 opinions

  1. Herrick v. SnyderNew York Supreme Court · 1899
  2. Maas v. McEntegartAppellate Terms of the Supreme Court of New York · 1897
  3. Ruddon v. McDonaldNew York Surrogate's Court · 1850

3Cited by1 opinion

  1. In re Boardman's WillNew York Surrogate's Court · 1891

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