In re the Accounting of Owen

Abbott, S.

In the proceeding to probate this will, I held that the testimony of the two subscribing witnesses, Slandorff and Parrish, was sufficient to warrant probate being granted in every respect, except as to the identity of the testator; and opportunity was afforded the proponents to introduce further testimony upon that point alone. •

Such testimony was afterwards satisfactorily supplied and I then permitted-Mr. Owen’s testimony to be stricken from the record, as he was a beneficiary under the will, and by testifying was presumed to have forfeited his legacy.

The Appellate Division (Matter…