In re the Probate of the Will of Bonner

Breitel, J, P.

(dissenting). The decree allowing probate of this mutilated will should be reversed on the law and the facts and probate denied.

The will was found cut in two, irregularly but as if by a pair of scissors. It was allegedly found by one of the proponents among the papers of decedent in a trunk owned by decedent. The first envelope in which the will was contained was similarly cut in half. The finder testified that the cut will and the cut envelope were found in still another envelope, intact, which was inscribed in decedent’s handwriting “My Will”. Notably, and without explanation…