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In re Busch's Will

150 N.Y.S. 419 Court N.Y. Sur. Ct. English

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p. 419
(87 Misc. Rep. 239)
In re BUSCH’S WILL.
(Surrogate’s Court, Bronx County.
October, 1914.)

Headnote

Wills (§ 111[1] )—Signature of Testator—Sufficiency.
The signature of testator beneath the attestation clause is a sufficient compliance with Decedent Estate Law (Consol. Laws, c. 13) § 21, prescribing the manner of the execution of wills.
[Ed. Note.—For other cases, see Wills, Cent. Dig. §§ 267-275; Dec. Dig. § 111.*]
Proceedings on the probate of the will of Christian Busch, deceased. Probate decreed.
Loeb & Popper, of New York City, for proponent.
Julius D. Tobias, of New York City, special guardian.

The signature of the testator beneath the attestation clause is a sufficient compliance with the provisions of Decedent

p. 420
Estate Law (Consol. Laws, c. 13) § 21. Younger v. Duffie, 94 N. Y. 535 , 46 Am. Rep. 156 , cited with approval in Matter of Laudy, 161 N. Y. 432 , 55 N. E. 914 , and-in Matter of Gibson, 128 App. Div. 769 , 774, 113 N. Y. Supp. 266 . Thé relative positions of the testator’s signature and the signatures of the witnesses would naturally lead to the assumption that the testator had signed the will after the witnesses had affixed their signatures. The testimony of the subscribing witnesses, however, is clearly to the contrary, namely, that the witnesses signed after the testator had signed, and this notwithstanding the fact that their signatures appear before his.

There is, however, -no suggestion of fraud. The will is not unnatural in its manner of disposition, and no objections to its probate have been filed except by the special guardian, who, from the manner in which the document was signed, was justified in causing a full examination of the witnesses to be made. I can find no reason for doubting the testimony of the subscribing witnesses, and nothing is offered to contradict or impeach them in any way.

The objections filed by the special guardian are dismissed, and the will admitted to probate, with an allowance to the special guardian of $25. Settle decree on two days’ notice.

Probate decreed.

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