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" But the plaintiff is not entitled to a judgment, establishing a lost or destroyed will, as prescribed in this article, unless the will was in existence, at the time of the testator's death, or was fraudulently destroyed in his life-time ; and its provisions... "
Reports of Cases Argued and Determined in the Surrogates' Courts of the ... - Halaman 381
oleh New York (State). Surrogate's Court (New York County) - 1911
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Laws of the State of New York, Volume 3

New York (State) - 1920 - 1190 halaman
...directed in the judgment. same. § 204. Proof of lost will in certain cases. But the plaintiff ia 1 1865- not entitled to a judgment, establishing a lost or...correct copy or draft being equivalent to one witness. same, § 205. Action to determine validity, construction or effect of devise. The validity, construction,...
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - 1829 - 878 halaman
...been fraudulently destroyed, in the life time of the testator ; nor unless its provisions shall be clearly and distinctly proved, by at least two credible witnesses, a correct copy or draft being deemed equivalent to one witness. Application § 68. The provisions of this Title, in relation to the...
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - 1829 - 882 halaman
...been fraudulently destroyed, in the life time of the testator ; nor unless its provisions shall be clearly and distinctly proved, by at least two credible witnesses, a correct copy or draft being deemed equivalent to one witness. Application § 68. The provisions 'of this Title, in relation to...
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The Office of Surrogate, and Executor's and Administrator's Guide ...

Thomas Attwood Bridgen - 1830 - 244 halaman
...have been in existence at the time of the death of the testator, nor unless its provisions shall be clearly and distinctly proved, by at least two credible witnesses, a correct copy or draft being deemed equivalent to one witness. ^ The provisions of this title, in relation to the proof and probate...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 26

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 halaman
...have been fraudulently destroyed in the lifetime of the testator ; nor unless its provisions shall be clearly and distinctly proved by at least two credible witnesses ; a correct copy or draft being deemed equivalent to one witness." (§ 89.) Harris v. Harris. The general term of the Supreme Court...
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 550 halaman
...of the testator, or to have been accidentally or fraudulently destroyed in his lifetime, nor unless its provisions are clearly and distinctly proved by...credible witnesses, a correct copy or draft being deemed equivalent to one witness. Proof by § 13- The will of a person residing out of this state which...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 2

New York (State) - 1863 - 944 halaman
...been fraudulently destroyed, in the life time of the testator ; nor unless its provisions shall be clearly and distinctly proved, by at least two credible witnesses, a correct copy or draft being deemed equivalent to one witness. 10 NY, 278 ; 10 W., 44; 2 Brad., 334. <S68b. The provisions of this...
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Albany Law Journal, Volume 31

1885 - 544 halaman
...the surrogate must record the same, and issue letters thereupon as directed in the judgment. § 1864. But the plaintiff is not entitled to a judgment establishing...witnesses, a correct copy or draft being equivalent to oue witness. § 1865. A lost or destroyed will can be admitted to probate in a Surrogate's Court; but...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 halaman
...testator, or is shown to have been fraudulently destroyed in the lifetime of the testator, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses. $ 134O. (J 39.) When a lost will is established, the provisions thereof must bo distinctly stated and...
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The Code of Civil Procedure of the State of California, Volume 2

California - 1872 - 698 halaman
...or administrate ra during proceedings to prove lost will. the lifetime of the testator, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses. NOTE. — See Subd. 1, Sec. 1855, and note, post. The will alleged to be lost must be shown to have...
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