1 Mills Surr. 535 | N.Y. Sur. Ct. | 1900
The existence of the will of the testatrix, its ■due execution and its provisions, were clearly and distinctly proved in the manner required by law. It was also shown by two disinterested witnesses that the paper was, immediately .after its execution, delivered by the decedent to the executor named in it, who was also the residuary legatee, for safe keeping, :and there is no evidence that it ever subsequently came into her possession. On the contrary, the evidence is that, within about a week before her death, she spoke of the will being in the custody of the executor, and expressed satisfaction with its provisions. The testimony of the executor is that he placed the document with certain of her valuable papers; but he moved his place of residence and supposed that the papers were also
Prohate decreed. Costs to proponent and special guardian.