In re Proving the Last Will & Testament of O'Grady

Decree of the Surrogate’s Court of Nassau county, denying probate and dismissing petition, reversed on the law, with costs, payable out of the estate, to appellant to abide the event, and matter remitted to the Surrogate’s Court for a new trial of the framed issues. Although there was a waiver by contestant pursuant to section 354 of the Civil Practice Act (Matter of Ackerman, 163 Mise. 624), all of the hospital records were not admissible in evidence under section 374-a of the Civil Practice Act. While part of the records were made by nurses in the regular course of hospital procedure, there…