New York Court of Appeals

William R. Baskin, Respondent v. Stephen Baskin and Others, Appellants

March 5, 186736 N.Y. 416

Summary

The New York Court of Appeals affirmed the Supreme Court's judgment admitting William R. Baskin's 1865 will to probate, holding that the testator's declaration and request to the second witness satisfied the statutory requirement of acknowledgment of subscription. The court reasoned that subscription and publication are distinct but both were fulfilled, and the testator's acknowledgment was sufficient. Justice Parker dissented, arguing that the acknowledgment was not made and the will should be invalid.