Probate of the Alleged Will of Ingles v. Eddy — 63 N.Y. Sup. Ct. 646

Majority

p. 646

In the Matter of the Probate of the Alleged Will of John J. Ingles, Deceased, by Mary L. Ingles, Proponent and Appellant, v. Ruth Eddy et al., Contestants and Respondents.

Decree of the surrogate of Madison county reversed upon the exceptions, and ilie proceedings remanded to the Surrogate’s Court for further action. The question of costs reserved for the determination of the court below upon the final disposition of the case. Held (1), that the surrogate erred in receiving the evidence of Dr. Urc. (See Code Civ. Pro., § 834; Matter of Eysman, 113 N. Y., 62 .) Also (2), in rejecting the oilers to show that tire testator had made advancements to some of his children.