In re Proving the Last Will & Testament of Norminton

In a contested proceeding for the probate of a will, decree of the Surrogate’s Court, Queens County, entered on a directed verdict, admitting the will to probate, reversed on the law and a new trial granted, with costs to abide the event. It was error to exclude the testimony of the witness Florence N. Howard as to conversations with the deceased, if such conversations occurred before the making of the will, or subsequent thereto at a time not too remote from its date. The witness having renounced all claims against the estate, was not a person interested in the event within section 347 of…