In re Proving the Last Will & Testament of Durban

Appellate Division of the Supreme Court of New York

In re Proving the Last Will & Testament of Durban

173 A.D. 949

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1916

StatusPublished

This text of 173 A.D. 949 (In re Proving the Last Will & Testament of Durban) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Proving the Last Will & Testament of Durban, 173 A.D. 949 (N.Y. Ct. App. 1916).

Pincite

Opinion

In view of the incomplete wording of the attestation clause, and the unsatisfactory testimony of the two subscribing witnesses called, we think the court cannot infer a due publication of the paper as the deceased’s will. As the third witness was not produced, a new trial should be had. The decree of the Surrogate’s Court of Richmond county is, therefore, reversed, and a new trial ordered, costs to abide the final award of costs. The allowance of $500 under section 3748 of the Code of Civil Procedure,

Free access — add to your briefcase to read the full text and ask questions with AI

In view of the incomplete wording of the attestation clause, and the unsatisfactory testimony of the two subscribing witnesses called, we think the court cannot infer a due publication of the paper as the deceased’s will. As the third witness was not produced, a new trial should be had. The decree of the Surrogate’s Court of Richmond county is, therefore, reversed, and a new trial ordered, costs to abide the final award of costs. The allowance of $500 under section 3748 of the Code of Civil Procedure,

Cite This Page — Counsel Stack

Bluebook (online)

173 A.D. 949, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-proving-the-last-will-testament-of-durban-nyappdiv-1916.