159 N.Y.S. 615 | N.Y. Sur. Ct. | 1916
This proceeding for probate is resisted pro forma by the special guardian, alleging that the paper propounded is not signed at the end thereof, as required by the existing statute of wills. That the testamentary script is otherwise executed in conformity with the statute of wills is conceded. So we have animus testandi postulated. In other words, this testator intended to make his will and to die testate. This being so, is it possible to carry out his intention? The case is a very close one, perhaps doubtful. If the last part of the fifth clause, and all of the sixth clause, which are contained on the back of the first sheet and physically follow the certificate of a testation and the signature of the testator and the attesting witnesses, are entitled to be incorporated in the will, then it is signed at the end thereof. In other words, if the matter on the back of the first sheet propounded is entitled to be incorporated, it
The decree, therefore, will be for probate. Incorporate the whole text of the paper propounded in natural consecutive order in the decree to be presented, there having been a dispute about the text. Proceed accordingly.