In re Lawlor's Will

JENKS, J. The affidavit of the testatrix, made on July 23, 1902, was not evidence to establish that she did not make the will dated June 4, 1902. Jackson v. Kniffen, 2 Johns. 31, 35, 3 Am. Dec. 390; Waterman v. Whitney, 11 N. Y. 157, 62 Am. Dec. 71; Eighmy v. The People, 79 N. Y. 546; Marx v. McGlynn, 88 N. Y 357, 374; Matter of Kennedy’s Will, 167 N. Y. 163, 172, 60 N. E. 442; Matter of Woodward’s Will, 167 N. Y. 29, 30, 60 N. E. 233. It is quite evident from the opinion that the learned surrogate considered this affidavit as a cogent piece of evidence on that question. The exception was well taken, and the decree must be reversed. All concur.