New York Court of Appeals

Fortune C. Brown, Executors v. Warren C. Clark, Appellants

May 20, 187977 N.Y. 369

Summary

The Court affirmed the order admitting the testatrix's original will together with her later codicil to probate. It held that the attestation clause and witnesses satisfied statutory formalities despite the witnesses' lack of recollection, that marriage did not automatically revoke the will under the revised statutes, and that the codicil operated as a republication of the will, thereby reviving it.