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clerk of surrogate's court may take examination of wit-
nesses in uncontested probate

2510

beneficial interest does not excuse witness from testifying
as to execution.

2544

836

836

2618

competency and admissibility of testimony of physician..
of attorney who is subscribing witness..
two subscribing witnesses may be examined..
examination of witnesses.

surrogate may order testimony of infirm subscribing wit

2618

ness to be taken before surrogate of another county.. 2540 nuncupative will to be proved by at least two witnesses. 2618 notice by contestant requiring examination of witnesses.. 2618 absent and incapacitated witnesses to be accounted for... 2619 deposition of infirm witness to be taken..

... 2619 proof of handwriting of testator and deceased witnesses.. 2620 commission to take testimony of absent subscribing wit

ness.

proof of lost or destroyed will.

2620

2621

not allowed unless surrogate satisfied of genuineness.
surrogate may require additional proofs..
when will sufficiently proved.....

2622

2622

2623

4. Jury trial in New York county.

...

transfer of proceedings to supreme court for trial by
jury.

2547

verdict of jury reviewable only by motion for new trial. 2547 grounds for new trial..

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probated wills of real property may be recorded as deeds. 2033 will to be returned after probate..

2635

removal, for probate in foreign country
when letters testamentary to issue

2620, 2635

2636

decree admitting, must revoke letters previously granted. 2084 provisions do not vary decree for probate made before

enactment

2646

suspension of, by appeal from decree admitting.
powers of executors pending appeal from decree admit-
ting to probate

2582

2382

jury trial on reversal on appeal

2588

Wills Continued.

III. PROBATE - Continued.
5. Decree; costs - Continued.

stenographer's minutes for contestant may be charged
upon estate

2558

unsuccessful contestant not entitled to costs out of es-
tate

2558

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who may sue

2653a

to be brought in supreme court in county where will
probated

2653a

must be brought within two years..

2653a

necessary parties

2653a

surrogate to transmit papers to supreme court..
issue confined to validity of will.

2653a

2653a

triable by jury..

2653a

testimony of deceased, etc., witnesses on probate ad-
missible

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judgment sustaining will to enjoin other actions.
judgment to be certified to surrogate's court...

2653a

2653a

V. FOREIGN WILLS.

what law governs testamentary disposition of property.... 2694 recording exemplified copy of....

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VI. RECORDS; ADMISSIBILITY AS EVIDENCE.

of real property may be recorded as deeds after probate.... 2633 executor, etc., must cause will of real property to be recorded

fees of clerk or register for recording as deeds.
recording wills proved elsewhere within state..

2633

2634

2634

2630

acknowledgment of will does not render it admissible in evi-
dence

937

admissible in evidence after probate.

2629

admissibility in evidence of record of wills proved prior to
1785

2631

admissibility in evidence of records of wills proved more
than thirty years..

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I. ATTENDANCE; EXAMINATION; PRIVILEGE - Continued.

may be subpoenaed to attend before referee....

power of referee to compel attendance by attachment.
habeas corpus to bring up prisoner to testify, see "HABEAS
CORPUS."

requiring attendance before arbitrators.

production of books can be compelled only by order or sub-
pœna duces tecum.

1017

1018

2370

867

surrogate may take testimony of infirm witness out of court..
surrogate may order testimony of infirm subscribing witness
to be taken before surrogate of another county..
order of reference by surrogate to take testimony of infirm
witness in another county..

2539

2540

2541

attendance and examination before sheriff's jury.
must answer, though answer admits civil liability.

108

837

privileged communications between husband and wife.

cannot refuse to answer incriminating question in action
against corporation for usurping franchise..

confessions to clergymen.

1955

answer not excused in supplementary proceedings as tending
to convict of fraud.

2460

831

833

to attorneys and their employees.

835

professional information by physicians and nurses.
physician may testify when validity of will in question.
physician attending injured party in hospital..
attorney who witnessed will may testify..

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testimony of hospital physician to be taken by deposition.

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beneficial interest in will does not disqualify testimony as to
execution.

2544

parties not excluded.

828

husband or wife of party not excluded.

828

testimony at former trial of party or witness since deceased
admissible.

830

since insane admissible.

836

on probate of witness since deceased, etc., admissible
on application to revoke probate.

2651

on probate of witness, admissible in action to revoke
probate.

2627

party cannot testify to personal transaction with decedent...
in proceeding for delivery of property of decedent.
competency of husband or wife in action for divorce.

829

2709

831

of plaintiff's wife in action for criminal conversation..

not excluded for conviction for crime

831

822

conviction for crime may be used to impeach credibility.
admission by member of corporation

839

testimony of party adduced for adverse party may be re-
butted

838

testimony of surveyor and proof of standard of measurement 841a

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commitment for refusal to be examined or to answer.
punishment of recalcitrant witness on deposition for use
without the state

856

915

power of referee to punish for contempt.

1018

warrant of N. Y. city court to apprehend witness may be
executed in adjoining counties..

338

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when privilege exists.

discharge from arrest in violation of privilege.

what judges may discharge witnesses unlawfully arrested..

is a contempt..

arrest in violation of privilege is void..

damages for unlawful arrest

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attorney testifying for client not entitled to witness fees.

in justice's court.

party testifying not entitled to witness fees..

in surrogate's court same as in supreme court..

payment of fees for attendance before sheriff's jury.
not to be taxed in court of claims..

860

861

862

863

863

863

864

3318

3319

3327

3288

3288

2566

109

274

VI. IN JUSTICES' COURTS.

when subpoena may issue..

attachment against defaulting witness..

adjournment on issuing attachment for witness
execution of attachment.

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special damages need not be alleged or proved when unchastity

imputed..

1906

damages for slander are separate property of married woman.. 1906
enforcement of judgment for wages in N. Y. city court.

3167

in Brooklyn justice's court..

3131

in New York municipal courts..

3221

costs in action for wages in New York municipal court.
in Brooklyn justice's court....

3222

3131

Writs.

"

99 "

See CERTIORARI; 'HABEAS CORPUS;" "MANDAMUS;"
"PROHIBITION."

must be in name of people..

in English language

tested in name of judge.

when returnable.

must be filed with return thereto..

subscribed or indorsed with name of officer or attorney.

not void for lack of seal or error in teste, unless, etc.......

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AUN, CT.

. Continued.

Writs
not avoided by failure or adjournment of court.

44

state writs enumerated

1991

to be under seal of court....

1992

at instance of people on application of attorney-general or
district attorney.

1993

allowance on application of attorney-general or district
attorney to be indorsed.

1993

when issued on application of individual, must state re-
lator.

1994

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non-payment of costs awarded by final order punishable

as contempt.

2007

ad quod damnum to be known as writ of assessment of dam-
ages.

1991, 2103

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jurisdiction of summary proceedings to dispossess..
in civil actions

2

2234

3203, 390r

summons may be served within Westchester county.
application of provisions of code

3205

3206

3302

section 3301 relative to clerk's fees not applicable.

non-resident may be required to give security for costs.... 3268-3270

1999.

548

602

1293

1983

1983

2048

2100

3314

1412

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