3 Bradf. 101 | N.Y. Sur. Ct. | 1854
On the probate of the will, a paper alleged to be a codicil, was brought in by certain parties, interested, but not cited, and I directed them to file an allegation propounding it for proof. This having been done, the
“ It is my wish to give John Carle, jr., all my stock in the Galena and Chicago Kail Road, old and new.
“New York, 6 mo., 25, 1854.”
“ It is also my wish to give my dear cousin, Susan II. Carle, three Hudson Kiver Rail Koad Bonds, one thousand, dollars each; also five hundred dollars in cash to buy a set of silver; and I hereby hope and desire that neither my executors nor heirs will object to carrying out this my will, they being my true friends.
“ New York, 6 mo., 25, 1854.
“ A. J. Underhill.
f Anna Suydam,
“ Witnesses. < Phebe Suydam,
( Mahlon Buokman.
“ After paying Ann and Phebe Suydam’s bills, give each of them a good silk dress, to be selected by Susan H. Carle.”
There can be no doubt that this instrument is testamentary in its character. It does not purport to make a present gift; but, on the contrary, looks to death, in its reference to “ executors” and “ heirs” not objecting to carry out its provisions. The word “ will” is the term which the testator himself applies to it. The testator signed it in the presence of two subscribing witnesses, and requested them to attest it, which they did. No question is raised, except as to the sufficiency of the testamentary declaration. Though the testator was sick at the time, his capacity is not controverted, nor is there