Appellate Division, First Department

Appellate Division, First Department

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...testimony of the subscribing witnesses are: Peebles v. Case, 2 Bradf., 226; Norton v. Norton, 2 Redf., 6; Conselyea v. Walker, 2 Dem., 117: 20 Weekly Dig., 141; Matter of Sanderson, 9 Misc., 574; Matter of Will of Cottrell, 95 N. Y., 329; Matter of Nelson, 141 N. Y., 152. It is not essential that there should be direct evidence that the witnesses testified falsely, either through mistake or corruption; it is enough if the circumstances of the case are such as to convince the Court that the facts are not as the witnesses testify they are. Blake v. Knight, 3 Curt., 547; Peebles v. Case, 2 Bradf., 226; Matter of Will of Cottrell, 95 N. Y., 329; in all which cases the wills were admitted to probate in opposition to the testimony of the subscribing witnesses who were the only witnesses called or who could be called to speak to what took place when the will was executed. If the will was signed by Augustus M. Purdy before he brought it downstairs the witnesses must have seen his signature, for one of them says he saw the seal (fol. 52) opposite to which was the signature, and the other says that the paper was so folded that the lower half of the page was exposed (fol. 68), and the evidence is that the signature of the testator was placed at least two-thirds way down the page (fol. 127); under such circumstances the declaration by the testator that the paper was his will, and the request to the witnesses to sign was a sufficient acknowledgment of his signature. Matter of Will of Phillips, 98 N. Y., 267. And this is so if the signature was there and was exhibited to the witnesses even if they did not see it or did not remember seeing it. In the Matter of Look, 7 N. Y. Supp., 298. The fact that Augustus M. Purdy was a lawyer and knew more

Product details

  • Paperback
  • 189 x 246 x 15mm | 522g
  • United States
  • English
  • black & white illustrations
  • 1236865685
  • 9781236865687