A Digest of the cases decided and reported in the Superior Court of the City of New York, the Vice Chancellor's Court, the Supreme Court of ... Errors, of the State of New York; from 1823 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1838 Excerpt: ...proof of the handwriting of all three of the witnesses, and that of the testator, would be proper to be left to the jury, from which to infer that the formalities required by the statute had been observed. Jackson v. Luijuart, o Cow. 221. 76. Mere rfflnx of time, as thirty years or more, from the date of a will, does not entitle it to be read without further proof. Mi. 77. But possession of thirty years, under a will, entillrs it to be read as an ancient will, without further proof, the same as a dted; and it seems, that it is not necessary to show lliat all the devisees were thus in possession under the will; but the possession of a part under it is sufficient. Ibid, 78. A possession of part under the will, for less than thirty years, accompanifd with proof satisfactorily accounting for the absence of all the subscribing witnesses, as where they are dead; and proof of the handwriting of one, and the acts of the dfvisees of the land in question, as possessing it, claiming under the will, and executing deeds of partition reciu'ng the will and the like; are also sufficient to entitle it to be read in evidence, without further proof. Ibid. 79. A deed of more than forty years'standing after the death of the testator was admitted in evidence as an ancient deed, without proof of its execution, it being clearly proved that the land devised by it had, ever since the death of the testator, been held under and accordin » its provisions, although one of the subscribing witnesses was shown to be alive and within the jurisdiction of the Court, and the attestation did not state that the witnesses subscribed their names in the presence of the testator. Jack v. Christman, 4 Wend. 277. 80. A will more than thirty years old, and possession of lands held in conformity to...
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