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Essay / Research Paper Abstract
A 3 page summation of the ruling of the New York State appellate court in 1908 concerning the will of Nelson Buell Sizer. No bibliography is provided.
Page Count:
3 pages (~225 words per page)
File: D0_Khsizer.rtf
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Unformatted sample text from the term paper:
Buell Sizer. This will was contested based on the fact that it contained a third witness signature and because the first two witnesses could not remember having signed the will.
Procedural history: The case was on appeal from the Surrogates Court, Kings County, concerning a decree that would admit the will to probate. Question before the court: Should
the court uphold the legitimacy of the contested will and allow it to go to probate? The courts holding: The court held that while the law requires the a will
should be witnessed by two individuals, the signature of a third witness does not invalidate it. While the presence of an attestation clause is not required by law and is
therefore unnecessary, it can be regarded as proof of the signatures of both the testator and the subscribing witnesses and can, therefore, be regarded as provided prima-facie evidence of the
facts associated with this will. Considering this, the court ruled that the decree of the Surrogates Court of Kings county should be affirmed and the will upheld. The courts
rationale for this holding: As to the third witness, Judge Gaynor having the third signature does not "add or detract from what had already been done." In other words, legally,
the third signature is of no consequence to the law. While the two witnesses did not remember signing the will, each of the witnesses acknowledged that the signatures were their
own. There is evidence that the testator was a man who was both "informal and secretive." Therefore the court found it to be believable that the testator would "conceal
from the subscribing witnesses" the substance of the document that they were signing. In other words, it is not necessary to the legality of a will that the witnesses attesting
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