In re Acker

Headnote

A paper propounded as decedent’s will consisted of a printed form, with decedent’s signature written in a blank space in the body of the attestation clause, where it appeared that decedent had signed pursuant to the instructions of the draftsman, her physician, with the intent, understood by the witnesses, to effect a subscription of her will,—all the other statutory formalities having been observed.—

Held, that the instrument was subscribed, substantially, at the end, and that the same should be admitted to probate.

Sisters of Charity v. Kelly, 67 N. Y., 409 —compared.

The executors, Isaac R. Secor and Mary B. Jube, named in the will of the decedent, presented the same for probate. The will was prepared by the executor Secor, who was a physician, a blank form being used for that purpose, in which the usual formal parts were printed, as was also the attestation clause, with a blank space for the name of the testatrix to be inserted. Before any attempt at execution was made, the draftsman read it aloud to decedent, who declared it was as she desired it. She then took a pen to subscribe her name, and was told, by him, that the proper place to do it, was in the blank space in the attestation clause between the printed words “ Subscribed by” -- and “ the testa-” ; and she accordingly wrote her name there, in the presence of both of the subscribing witnesses. All the other formalities necessary to a complete execution were complied with.