In re the Probate of the Paper Propounded as the Will of Levy

New York Surrogate's Court

In re the Probate of the Paper Propounded as the Will of Levy

1 Tuck. Surr. 87

DecidedJuly 1, 1870

StatusPublished

This text of 1 Tuck. Surr. 87 (In re the Probate of the Paper Propounded as the Will of Levy) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Probate of the Paper Propounded as the Will of Levy, 1 Tuck. Surr. 87 (N.Y. Super. Ct. 1870).

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Opinion

The Surrogate.

The question is raised, whether a person, named as the executor in the will, can be examined on its probate, where he is also a subscribing witness.There can be no doubt that he can be a witness. But in such a case, the Surrogate will look very carefully into the will, and into the circumstances attending its execution, since the fact of the same person’s being both executor and witness is suspicious in itself. The will in this case is admitted to probate because no undue influence appears.

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The Surrogate.

The question is raised, whether a person, named as the executor in the will, can be examined on its probate, where he is also a subscribing witness.There can be no doubt that he can be a witness. But in such a case, the Surrogate will look very carefully into the will, and into the circumstances attending its execution, since the fact of the same person’s being both executor and witness is suspicious in itself. The will in this case is admitted to probate because no undue influence appears.

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Bluebook (online)

1 Tuck. Surr. 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-paper-propounded-as-the-will-of-levy-nysurct-1870.