36 Barb. 574 | N.Y. Sup. Ct. | 1862
It would seem that the point first to be passed upon by us is whether the decision and judgment, in the previous proceedings in this court, on the application of said Ephraim Harris and others for the probate of the will of
There would seem, construing all these sections together, no reason for saying that probate made before this court under those sections, has any power or effect, other than has the probate before a surrogate of a will not lost. And there is no pretense that the latter probate is, as to any interest in real estate, conclusive upon any party. If this be SO'—if the decision of this court admitting this will to probate as a lost will would not have been conclusive in favor of Ephraim Harris—there can surely be no pretense that a decision refusing to admit it to probate can be conclusive against him; especially when that refusal is accompanied by an express
This conclusion leaves us at liberty to look into the merits of the case, and the several findings of the judge who tried the cause; and as' those findings are very fully and clearly set forth by him, and there is abundant evidence to support his findings, it would here be superfluous to repeat either his reasoning or his findings, or the conclusions of law which are property drawn from them.
As to the exceptions taken to the admission of some matters of evidence, there is abundant evidence to support the decision, without what was possibly objectionable; and when that is the case, there should be no reversal.
On the whole, the judgment of the circuit should be affirmed.