 If none of the subscribing witnesses reside in the county at the time appointed for proving the will, the court may admit the testimony of other witnesses to prove the sanity of the testator and the execution of the will; and, as evidence of the execution,...  Reports of Cases Decided in the Court of Appeals of the State of New York - Page 327by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Hiram Edward Sickels, Samuel Hand, Edmund Hamilton Smith, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884Full view - About this book
 | Thomas Attwood Bridgen - Executors and administrators - 1830 - 244 pages
...one or more of the subscribing witnesses, or if they be dea^d, insane, or out of the state, then by proof of the handwriting of the testator and of the subscribing witnesses ; and in all cases the oath of the person who received the same of the testator, if he can be produced, together... | |
 | Vermont - Law - 1851 - 838 pages
...although the subscribing witnesses may be living; and, as evidence of the execution of the will, may admit proof of the handwriting of the testator and of the subscribing witnesses, in cases where the names of the witnesses are subscribed to a certificate, stating that the will was... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...sanity of the testator, and the execution of the will ; and as evidence of the execution it may admit proof of the hand-writing of the testator, and of the subscribing witnesses, or any of them. SEC. 23. The testimony of each witness shall be reduced to writing, Testimony to and... | |
 | Alexander Warfield Bradford, New York (State). Surrogate's Court (New York County) - Law reports, digests, etc - 1854 - 558 pages
...1837, ch. 460, § 71.) I am satisfied, therefore, that it was competent for me in this case, to take proof of the handwriting of the testator and of the subscribing witnesses, or of any other facts and circumstances tending to show the witnesses were mistaken, and that the will... | |
 | William H. R. Wood - Law - 1857 - 834 pages
...sanity of the testator, and the execution of the will ; and as evidence of the execution it may admit proof of the handwriting of the testator, and of the subscribing witnesses, or any of them. Sec. 23. The testimony of each witness shall be reduced to writing, and signed by him,... | |
 | Michigan, Thomas McIntyre Cooley - Law - 1857 - 998 pages
...the testator and the execution of the will ; and, as evidence of the execution of the will, may admit proof of the handwriting of the testator and of the subscribing witnesses. or personal estate, unless it shall have been duly proved allowed in the Probate Court as provided... | |
 | Nebraska - Session laws - 1861 - 278 pages
...testator and the execution of the will, and as the evidence of the execution of the will may admit proof of the handwriting of the testator and of the subscribing witnesses. § 21. No will shall be effectual to pass either real or personal estate unless it shall have been... | |
 | North Dakota - Session laws - 1862 - 640 pages
...testator and the execution of the will ; and as the evidence of the execution of the will may admit proof of the handwriting of the testator and of the subscribing witnesses. nd.°«ccntabct" SECT- 21. No will- shall be effectual to pass either real or when. personal estate,... | |
 | Idaho - Law - 1864 - 734 pages
...sanity of the testator and the execution of the will; and as evidence of the execution, it may admit proof of the handwriting of the testator, and of the subscribing witnesses, or any of them. SEC. 23. If the court shall be satisfied, upon the proof taken and from the facts found... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...sanity of the testator and the execution of the will; and as evidence of the execution, it may admit proof of the handwriting of the testator, and of the subscribing witnesses, or any of them. SEC. 22. The testimony of each witness shall be reduced to writing and signed by him,... | |
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