In re the probate of the will of Phelps

The Surrogate.

The paper propounded is subscribed- by the testator Thomas W. (his -f- mark) Phelps, and was witnessed by George Stewart and C. E. Kennedy. The witness Kennedy has died since the execution of the paper, and the testimony of the witness Stewart has been taken by commission. The question is whether the paper propounded can be admitted to probate, there being but one witness to identify the signature or mark of the alleged testator. By 3 R. S., 6th ed., p. 59, sec. 11, it is provided :

“ When any one or more of the subscribing witnesses to such will shall be examined, and the other…