clerk of surrogate's court may take examination of wit- 2510 beneficial interest does not excuse witness from testifying 2544 836 836 2618 competency and admissibility of testimony of physician.. 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. 2622 2622 2623 4. Jury trial in New York county. ... transfer of proceedings to supreme court for trial by 2547 verdict of jury reviewable only by motion for new trial. 2547 grounds for new trial.. probated wills of real property may be recorded as deeds. 2033 will to be returned after probate.. 2635 removal, for probate in foreign country 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. 2582 2382 jury trial on reversal on appeal 2588 Wills Continued. III. PROBATE - Continued. stenographer's minutes for contestant may be charged 2558 unsuccessful contestant not entitled to costs out of es- 2558 who may sue 2653a to be brought in supreme court in county where will 2653a must be brought within two years.. 2653a necessary parties 2653a surrogate to transmit papers to supreme court.. 2653a 2653a triable by jury.. 2653a testimony of deceased, etc., witnesses on probate ad- judgment sustaining will to enjoin other actions. 2653a 2653a V. FOREIGN WILLS. what law governs testamentary disposition of property.... 2694 recording exemplified copy of.... 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. 2633 2634 2634 2630 acknowledgment of will does not render it admissible in evi- 937 admissible in evidence after probate. 2629 admissibility in evidence of record of wills proved prior to 2631 admissibility in evidence of records of wills proved more I. ATTENDANCE; EXAMINATION; PRIVILEGE - Continued. may be subpoenaed to attend before referee.... power of referee to compel attendance by attachment. requiring attendance before arbitrators. production of books can be compelled only by order or sub- 1017 1018 2370 867 surrogate may take testimony of infirm witness out of court.. 2539 2540 2541 attendance and examination before sheriff's jury. 108 837 privileged communications between husband and wife. cannot refuse to answer incriminating question in action confessions to clergymen. 1955 answer not excused in supplementary proceedings as tending 2460 831 833 to attorneys and their employees. 835 professional information by physicians and nurses. testimony of hospital physician to be taken by deposition. beneficial interest in will does not disqualify testimony as to 2544 parties not excluded. 828 husband or wife of party not excluded. 828 testimony at former trial of party or witness since deceased 830 since insane admissible. 836 on probate of witness since deceased, etc., admissible 2651 on probate of witness, admissible in action to revoke 2627 party cannot testify to personal transaction with decedent... 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. 839 testimony of party adduced for adverse party may be re- 838 testimony of surveyor and proof of standard of measurement 841a commitment for refusal to be examined or to answer. 856 915 power of referee to punish for contempt. 1018 warrant of N. Y. city court to apprehend witness may be 338 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 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. 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 special damages need not be alleged or proved when unchastity imputed.. 1906 damages for slander are separate property of married woman.. 1906 3167 in Brooklyn justice's court.. 3131 in New York municipal courts.. 3221 costs in action for wages in New York municipal court. 3222 3131 Writs. " 99 " See CERTIORARI; 'HABEAS CORPUS;" "MANDAMUS;" 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....... AUN, CT. . Continued. Writs 44 state writs enumerated 1991 to be under seal of court.... 1992 at instance of people on application of attorney-general or 1993 allowance on application of attorney-general or district 1993 when issued on application of individual, must state re- 1994 non-payment of costs awarded by final order punishable as contempt. 2007 ad quod damnum to be known as writ of assessment of dam- 1991, 2103 jurisdiction of summary proceedings to dispossess.. 2 2234 3203, 390r summons may be served within Westchester county. 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 |