Watts & LeRoy v. Public Administrator

Court for the Trial of Impeachments and Correction of Errors

Watts & LeRoy v. Public Administrator

1 Lock. Rev. Cas. 559

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 559 (Watts & LeRoy v. Public Administrator) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Watts & LeRoy v. Public Administrator, 1 Lock. Rev. Cas. 559 (N.Y. Super. Ct. 1799).

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Opinion

The surrogate held it an incomplete testamentary paper, and rejected it as a will, and committed the administration to the public administrator. On appeal, the Chancellor affirmed the decision of the surrogate. But,

The Court of Errors held, that this instrument, so prepared by the testator, though not formally executed, was a good and valid will of the personal estate therein mentioned, according to the common law, as generally understood and received in England and this country on 19th April, 1775, when the common law was adopted as a part of the law of the State. Decrees of surrogate and Chancellor, reversed—¿ 17 to 9.

[560]*560TI'T Since January 1,1830, by Revised Statutes, a will of personal as well as real estate is void, unless subscribed at the end of the will, in the presence of at least two attesting witnesses.

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The surrogate held it an incomplete testamentary paper, and rejected it as a will, and committed the administration to the public administrator. On appeal, the Chancellor affirmed the decision of the surrogate. But,

The Court of Errors held, that this instrument, so prepared by the testator, though not formally executed, was a good and valid will of the personal estate therein mentioned, according to the common law, as generally understood and received in England and this country on 19th April, 1775, when the common law was adopted as a part of the law of the State. Decrees of surrogate and Chancellor, reversed—¿ 17 to 9.

[560]*560TI'T Since January 1,1830, by Revised Statutes, a will of personal as well as real estate is void, unless subscribed at the end of the will, in the presence of at least two attesting witnesses.

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Bluebook (online)

1 Lock. Rev. Cas. 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watts-leroy-v-public-administrator-nycterr-1799.