In the Matter of the Revocation of the Last Will and Testament of Homer A. Nelson, Deceased

Summary

The New York Court of Appeals affirmed the lower courts' denial of a petition to revoke the probate of Homer A. Nelson's will, holding that the evidence established a proper execution. The court reasoned that the attestation clause, read aloud in the presence of the testator and witnesses, together with the testator's silent assent to the request to sign, satisfied the statutory requirements despite an omitted wording.