MATTER OF BRITTAIN


54 Misc.2d 965 (1967)

In the Matter of The Estate of Louisa M. R. Brittain, Deceased.

Surrogate's Court, Queens County.

October 10, 1967


Attorney(s) appearing for the Case

Gerald Casper for Ethel B. Campbell, petitioner. Edward J. McGoldrick, special guardian for Gladys M. Brittain. Louis J. Lefkowitz, Attorney-General, for State of New York.


JOHN T. CLANCY, S.

In this uncontested probate proceeding, the proposed instrument is dated September 5, 1911. The testatrix died February 26, 1914. A search for the three witnesses to the purported will, showed one to be dead. After 56 years, no trace of the other two has been discovered. Admission of the document is therefore sought under the ancient document rule.

Wigmore sets three standards on which a document is to be admitted as an ancient...

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