Decree reversed, on the law, and new trial granted, with costs to abide the event, payable out of the estate only if the contestants shall be successful and if the proponent shall be successful then the costs of this appeal shall be payable by the contestants personally.
CPLR 4519 (the "Dead Man's" statute) has no application where the witness is examined in behalf of the adverse party and not as a witness in her own behalf. In the instant case one of the witnesses...
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