3 N.Y.S. 887 | N.Y. Sup. Ct. | 1889
The objections to the title in question are made because of defects in the execution and probate of the will of one John H. Williams, through whom the title was derived. John H. Williams died in South Carolina, where his will was made, executed, and witnessed by three persons, and admitted to probate, in accordance with the laws of South Carolina; and an exemplified copy thereof was filed and recorded in the surrogate’s office in the county of New York, and certificates of the judge of the court of probate and various lawyers of South Carolina were attached and recorded with the will shown, and that it could not be removed from the records of that state, and hence could not be produced here. Upon the admission of the will to probate in South Carolina, but one witness appeared and was examined as to its execution, and there was no proof either as to the absence of the other witnesses, or of their handwriting, or any secondary proof whatever in reference to said witnesses. There was no proof, nor did the attestation clause state, that any witness signed such will at the request of the testator. It is
We are of opinion, therefore,-that, the will not being executed in accordance with the laws of this state so as to pass real estate, no title to the devisee thereunder passed, and the order appealed from should be affirmed, with. $10 costs and disbursements. All concur.