In re the Probate of the Lost or Destroyed Will of Kennedy

Varnum, S.

This is a proceeding to establish and have admitted to probate a lost or destroyed will of Rachel Lenox Kennedy. The right to dispose of property by will has always been considered purely a creature of statute and within legislative control. The sole authority for bringing a proceeding of this character is derived from the following provisions of the Code of Civil Procedure, viz.: “ A lost or destroyed will can be admitted to probate in a surrogate’s court; but only in a case where a judgment establishing the will could be rendered by the Supreme Court, as prescribed in section one…