Peck v. . Cary.

Summary

The New York Court of Appeals affirmed the probate of Robert L. Peck's will, holding that despite his habitual intoxication the testator possessed sufficient testamentary capacity and that the will was executed in compliance with the statutory requirements of signature, presence of witnesses, publication, and request. The court also concluded that the Connecticut probate judgment does not affect title to real estate in New York and that the executor's prior overseer role did not invalidate the execution. A dissent argued that the statutory formalities were not satisfied, particularly the lack of a witnessed signature or acknowledgment.