 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 uuder restraint; it must be admitted to probate as a will valid...  Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - Page 236by New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1904Full view - About this book
 | New York (State) - Law - 1829 - 876 pages
...examinations and proofs to be reduced to writing ; and if it shall thereupon, in either case appear, that such will was duly executed, and that the testator, at the time of executing the same, was of full age, and of sound mind and memory, and not under any restraint, then the court... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...this state. SEC. 24. If the court shall be satisfied, upon the proof taken, that the certificate of will was duly executed, and that the testator at the time of its exe- pro< cution was of sound mind, and not under restraint, a certificate of the proof, signed... | |
 | Alexander Warfield Bradford, New York (State). Surrogate's Court (New York County) - Law reports, digests, etc - 1854 - 558 pages
...the language of § 14 of Title 1 of Article 1 of Chapter VI. of Part II. of the RS, 3d ed., p. 120, " that the will was duly executed," and " that the testator, at the time of executing the same, was in all respects competent to devise real estate, and not under restraint." The presumption... | |
 | David Price Belknap - Forms (Law) - 1858 - 338 pages
...Appendix.] § 24. If the court shall be satisfied upon the proof taken, or from the facts found by the jury, that the will was duly ' executed, and that the testator at the time of the execution was of sound and disposing mind, and not under restraint, undue influence or fraudulent... | |
 | Idaho - Law - 1864 - 734 pages
...the court shall be satisfied, upon the proof taken and from the facts found by it, or by the jury, that the will was duly executed, and that the testator, at the time of the execution, was of sound and disposing mind, and not under restraint, undue influence, or fraudulent... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...the court shall be satisfied, upon the proof taken and from the facts found by it, or by the jury, that the will was duly executed, and that the testator, at the time of the execution, was of sound and disposing mind, and not under restraint, undue influence, or fraudulent... | |
 | 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,...not under restraint, it must be admitted to probate, etc. §2623. Before a written will is admitted to probate, two at least of the subscribing witnesses... | |
 | California. Probate Court (San Francisco) - 1872 - 652 pages
...follows : " If the Court shall be satisfied upon the proof taken, or from the facts found by the jury, that the will was duly executed, and that the testator at the time of the execution was of sound and disposing mind, and not under restraint, undue influence, or fraudulent... | |
 | California - Civil procedure - 1872 - 698 pages
...Court is satisfied, upon the if proved, proof taken or from the facts found by the jury, that to be the will was duly executed, and that the testator at the time of its execution was of sound and disposing mind, and not acting under duress, menace, fraud, or undue... | |
 | Arizona - Session laws - 1873 - 186 pages
...SEC. 24. If the Court shall be satisfied upon the proof taken, or from the facts found by the jury, that the will was duly executed, and that the testator at the time of the execution was of sound and disposing mind, and not under restraint, undue influence or fraudulent... | |
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