 | Law - 1885 - 544 pages
...must be satisfied of the genuineness of the will, and the validity of its execution. 9 2622. It'.it appears to the surrogate that the will was duly executed, and that the testator- at the time of executing it was in all respects competent to make a will, and not under restraint,... | |
 | Amasa Angell Redfield - Law reports, digests, etc - 1877 - 604 pages
...of real estate as well as personal. The evidence in this case is abundant that tho will was properly executed, and that the testator was in all respects competent to make it ; and it " appears to the court, upon the proof taken, that this will was duly executed, that the testator... | |
 | New York (State) - 1881 - 1532 pages
...Will Case, 10 Abb. NS Mi; Johnson c. JIU;ks, 1 Lnns. 1JO. S 2623. Will; when sufficiently proved. — If it appears to the surrogate that the will was duly executed ; and that the testator, at the time of executing it, was in all respects competent to make a will, and not under restraint... | |
 | Law - 1885 - 544 pages
...satisfied of the genuineness of the will, and the validity of its execution. .'':.'(;:.':.'. It.it appears to the surrogate that the will was duly executed, and that the testator at the time of executing it was in all respects competent to make a will, and not under restraint,... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...from the testator, if he can .be produced, and, also, of the person presenting it for Probate. S 2623. If it appears to the surrogate that the will was duly executed ; ftnd that the testator, at the timeof executing it, was in all respects competent to make a will,... | |
 | Civil procedure - 1887 - 814 pages
...from the testator, if he can be produced, and, also, of the person presenting it for probate. g 2623. If it appears to the surrogate that the will was duly executed ; and that the testator, at the timcof executing it, was in all respects competent to make a will, and not. under restraint;... | |
 | Law reports, digests, etc - 1905 - 1164 pages
...satisfied with the genuineness of the will and the validity of its execution"; and section 2623 which provides that "if it appears to the surrogate that...the will was duly executed, and that the testator, at the time of executing it, was in all respects competent to make a will, and not under restraint,... | |
 | Law reports, digests, etc - 1916 - 1216 pages
...the parties was recited, but it was set forth that the probate was not contested, that it appeared to the surrogate that the will was duly executed, and that the testator was at the time of executing it in all respects competent to make a will and not under restraint. There... | |
 | Law reports, digests, etc - 1916 - 1264 pages
...which leave nothing except the ordinary responsibility attendant upon a judicial act. 158 NYS— 9 "If it appears to the surrogate that the will was duly executed," etc., it must be admitted to probate. CCP § 2614, former section 2623. Can it be questioned that the... | |
 | New York (State), Charles David Rust - 1889 - 864 pages
...from the testator, if he can be produced, and, also, y( the person presenting it for probate. § 2623. If it appears to the surrogate that the will was duly executed ; »nd that the testator, at the time of executing it, was in all respects competent to make a will,... | |
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If it appears to the surrogate that the will was duly executed; and that the testator, at the time of executing it, was in all respects competent to make a will and not under restraint; it must be admitted to probate... 
