In re the Probate of the Will of Hehn

John D. Bennett, S.

In this uncontested prohate proceeding, the propounded instrument bears the date of January 5, 1924. One witness is dead; the other, whose present address is unknown, “ possibly now resides in Ireland ”.

The quantum of proof ordinarily required seems to be modified (according to the authorities) where the will proffered is more than 30 years old. Such a document is denominated an ‘ ‘ ancient will ’ ’ and is treated in the same manner as other “ ancient documents ” (see Matter of Barney, 185 App. Div. 782, 798, 799; 2 Jessup Redfield on Surrogates Law and Practice [rev. ed.,…