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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... "
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... - Page 198
1884
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - Law - 1829 - 882 pages
...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 Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - Law - 1829 - 878 pages
...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 Office of Surrogate, and Executor's and Administrator's Guide ...

Thomas Attwood Bridgen - Executors and administrators - 1830 - 244 pages
...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 - Law reports, digests, etc - 1867 - 664 pages
...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 - Civil law - 1862 - 538 pages
...unless proved to have been in existence at the death of the testator, or to have been accidentally or fraudulently destroyed in his lifetime, nor unless...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) - Law - 1863 - 944 pages
...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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Practice Reports in the Supreme Court and Court of Appeals, Volume 24

Nathan Howard (Jr.) - Civil procedure - 1863 - 626 pages
...and established in any form, for any purpose, or between any parties, as a lost or destroyed will, unless its provisions are clearly and distinctly proved by at least two witnesses, or a correct copy or draft as an equivalent or substitute for one of them. The provisions...
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Albany Law Journal, Volume 31

Law - 1885 - 544 pages
...in existence at the time of the testator's death, or was fraudulently destroyed in his lifetime; and its provisions are clearly and distinctly proved by...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, Volume 2

California - Civil procedure - 1872 - 698 pages
...of executors 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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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 774 pages
...death of the 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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