 | 1885 - 544 pages
...a subscribing wituess has forgotten the occurrence, or testifies against the execution of the will, the will may nevertheless be established upon proof...sufficient to prove the will upon the trial of an action. § 2620. Every last will and testament of real or personal property, or both, shall be executed and... | |
 | 1892 - 582 pages
...established upon proof of the handwriting of the testator and of the subscribing witnesses, and also of such circumstances as would be sufficient to prove the will upon the trial of an action." The real question to be decided is whether tho evi denoe of Lawler.the surviving witness, of the making... | |
 | Amasa Angell Redfield - 1877 - 604 pages
...pro bate, on proving it by the handwriting of the testator and deceased witnesses, should give proof of such other circumstances as would be sufficient to prove the will on a trial at law, — does not require further evidence than this. Ib. 25. Under 2 RS, 64, $ 42, there... | |
 | New York (State) - 1880 - 832 pages
...subscribing witness has forgotten the occurrence, or testifies against the execution of the will ; the will may nevertheless be established, upon proof...sufficient to prove the will upon the trial of an action. Where a written will is proved, as prescribed in this section, it must be filed and remain in the surrogate's... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884 - 798 pages
...subscribing witness lias forgotten the occurrence, or testifies against the execution of the will, the will may, nevertheless, be established upon proof...sufficient to prove the will upon the trial of an action." Although the occasions in which all of the subscribing witnesses testified positively against the due... | |
 | 1884 - 520 pages
...proof of the handwriting of the testator, and of the subscribing witness* § 2620. In re Coltrell. es, and also of such other circumstances, as would be...sufficient to prove the will upon the trial of an action." Although the occasions upon which all of the subscribing witnesses had sworn positively against the... | |
 | 1885 - 512 pages
...a subscribing witness has forgotten the occurrence or testifies against the execution of the will, the will may nevertheless be established upon proof...sufficient to prove the will upon the trial of an action (Code § 2620). The same principle had been eminciated by the courts of this state before the passage... | |
 | 1885 - 544 pages
...a subscribing witness has forgotten the occurrence, or testifies against the execution of the will, the will may nevertheless be established upon proof...sufficient to prove the will upon the trial of an action. § 2620. Every last will and testament of real or personal property, or both, shall be executed aud... | |
 | New York (State), Charles David Rust - 1885 - 814 pages
...nevertheless be established, upon proof of the handwriting of the testator, and of the subscribing witnessed, and also of such other circumstances, as would be sufficient to prove 'ne will upon the trial of an action. Where a written will is proved, as prescribed in this section,... | |
 | 1886 - 652 pages
...a subscribing witness has forgotten the occurrence, or testifies against the execution of the will, the will may, nevertheless, be established upon proof...sufficient to prove the will upon the trial of an action." Although the occasions in which all of the subscribing witnesses testified positively against the due... | |
| |
... if such a subscribing witness has forgotten the occurrence, or testifies against the execution of the will ; the will may nevertheless be established, upon proof of the handwriting of the testator, and of the subscribing witnesses, and also of such... 
