In re the Probate of the Last Will & Testament of Whited
This text of 242 A.D. 709 (In re the Probate of the Last Will & Testament of Whited) 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.
Opinion
— Decree of the Surrogate’s Court of Westchester county affirmed, with costs, payable out of the estate, to all parties filing briefs. (Matter of Taylor, 230 Penn. St. 346.1 Lazansky, P. J., Kapper, Carswell and Tompkins, JJ., concur; Hagarty, J., dissents, being of opinion that the question as to whether the testator subscribed the document at the end, pursuant to the statutory requirements, should have been submitted to the jury. (Dec. Est. Law, § 21; Matter of Tyner, 138 Misc. 192; Matter of Fichen, 143 id. 407, 409; Sisters of Charity v. Kelly, 67 H. Y. 409, 416; Matter of Hewitt, 91 id. 261; Matter of Andrews, 162 id. 1.)
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