Culbertson v. H. Witbeck Co.

Citations

• 127 U.S. 326
• 8 S. Ct. 1136
• 32 L. Ed. 134
• 1888 U.S. LEXIS 1992

Syllabus

<p>The statutes of Michigan require the attestation of two witnesses to the grantor’s signature. A deed of husband and ■ wife was offered in evidence, the Attestation to which was: “ Signed, sealed, and delivered in presence of S. W. for” the husband; “ W. H. It., 6. H. for” the wife; and there was a certificate that “ the word ‘ half’ in the twelfth line was interlined before signing S. W., E. W.” E. W. signing this certificate with S. W. was the justice of the peace who took the acknowledgment, and his certificate of acknowledgment stated that he knew the person who made the acknowledgment, to be the person who executed the instru- ' ment. Held, that the execution of the deed was proved, and it w'as properly admitted in evidence.</p> <p>A certificate by a master in chanceryt and notary public in New Jersey, taking an acknowledgment there of a deed of land in Michigan that he is '• satisfied that the parties making the acknowledgment are the grantors in the within deed of conveyance.” is a sufficient certificate that they were the same persons as those named as grantors in the deed; but if defective in this respect, the defect is cured under the laws of Michigan by a certificate from the proper official that the person taking the acknowledgment was “a master in chancery and notary .public,” and that “the annexed instrument is executed and the proof of acknowledgment thereto taken in accordance with the laws of the State of New Jersey.”</p> <p>Ttie will of a citizen of New York, dying in the city of New York, was admitted to probate there. A duly authenticated copy being presented for probate in Michigan, notice to all parties interested by publication was ordered, and on. proof of such publication, and after hearing and proof, the instrument was admitted to probate in Michigan, and ancillary letters were issued. Held, that the parties were properly brought before the court by publication, and that the will was properly admitted to probate.</p> <p>An objection as.to