In re Proving the Last Will & Testament of Ryan

Majority

p. 825

In the Matter of Proving the Last Will and Testament of Patrick J. Ryan, Deceased. James Ryan, as Executor, etc., Appellant; Thomas E. Ryan, Contestant, Respondent.

Decree of the Surrogate’s Court of Orange county, in so far as appealed from, reversed upon the law, with costs payable out of the estate to all parties appearing and filing briefs, and will admitted to probate upon authority of Matter of Field ( 204 N. Y. 448 ). Lazansky, P. J., Young and Seeger, JJ., concur; Rich and Kapper, JJ., dissent upon the ground that the document purporting to be a will was not subscribed at the end thereof. [ 133 Misc. 174 .]

Cases cited

In re the Probate of the Will of Field 204 N. Y. 448 N.Y. 1912-02-20 p. 825
In re the Estate of Ryan 133 Misc. 174 N.Y. Sur. Ct. 1928-10-24 p. 825